SPEECH 


GEN.  J.  J  HARDIN,  OF  MORGAN, 


THE  BILL  TO  RE-ORGANIZE  THE  JUDICIARY. 


Delivered  in  the  House  of  Representatives ,  on  the  21th  day  of January ,  1841. 


The  bill  proposed  to  repeal  out  of  office  all  the  Circuit  Judges,  and  to 
elect  li Yre  additional  Judges  of  the  Supreme  Court,  who,  with 
the  four  already  in  office,  were  to  act  as  Judges  of 
both  the  Supreme  and  Circuit  Courts. 


Mr.  Chairman: — It  was  not  my  expectation 
when  this  bill  first  came  up  for  consideration, 
to  €letain  this  Committee  with  any  remarks 
of  mine  upon  it.  But  the  violent  and  den¬ 
unciatory  course  pursued  by  the  friends  of 
the  bill  before  the  committee,  coupled  with 
its  certain  effects,  and  the  avowed  objects  and 
designs  of  its  supporters,  have  made  it  my 
imperative  duty  to  meet  the  arguments 
which  have  been  adduced,  and  to  expose  tho 
motives  and  designs  of  its  advocates.  I  do 
not  hope  that  l  will  be  able  to  entertain  the 
committee  with  the  eloquence  of  some  who 
have  preceded  me  in  debate,  but  it  shall 
be  my  aim  in  my  own  plain  and  blunt  man¬ 
ner  to  state  as  forcibly  as  is  in  my  power, 
my  objections  to  the  bill  which  is  now  under 
consideration.  For  the  time  I  shall  con¬ 
sume,  I  shall  seek  no  other  apology  than  the 
vast  importance  of  the  measure  now  under 
discussion,  and  that  intense  interest,  which 
its  agitation  has  every  where  excited  in  the 
public  mind. 

The  gentleman  from  St.Clair  (Mr.  Trum¬ 
bull)  who  has  preceded  me,  has  attempted  to 
answer  the  constitutional  objections*  to  the 
bill  which  were  made  by  my  friend  fromVer- 
niillion  (Mr.  Brown.)  So  far  as  his  assault 
was  made  on  the  course  of  abstract  reason¬ 
ing,  the  analogy  to  legal  maxims,  and  the 
principles  of  our  government  as  enforced  by 
the  member  from  Vermillion,  1  think  he  has 
moat  signally  failed.  Reason,  analogy,  the 
arguments  ever  used  to  sustain  an  indepen¬ 
dent  Judiciary ,  and  the  principles  of  ourRe- 
ptffilican  Government,  all  concur  in  creating 
and  sustaining  constitutional  objections  to 
this  measure,  whilst  almost  the  only  legiti¬ 


mate  argument  in  its  support  is  to  be  found 
in  precedents  set  in  times  of  the  most  heated 
party  excitement,  by  a  popular  and  trium¬ 
phant  majority.  It  is  not  my  design  howev¬ 
er  to  enter  into  the  discussion  of  the  consti¬ 
tutional  argument,  for  if  the  strong  and 
logical  reasoning  of  the  member  from  Ver¬ 
million  has  not  convinced,  or  at  least  created 
doubts  of  the  unconstitutionality  of  this 
measure  in  the  minds  of  those  disposed  to 
give  it  their  support,  then  I  should  despair 
of  producing  that  effect  by  any  thing  I  could 
add  on  the  subject. 

Aside  from  the  constitutional  question 
which  has  chiefly  engaged  tho  attention  of 
debaters, there  are  many  grave  questions  of 
expediency  involved  in  its  decision,  to  which 
the  attention  of  the  committee  should  be  es¬ 
pecially  directed.  The  first  one  1  shall  urge 
is  the  entire  inability  of  the  Judges  of  the 
Supreme  Court  to  perform  the  duties  which 
will  be  required  ot  them  under  this  bill. — 
There  are  at  present  four  Judges  of  the  Su¬ 
preme  Court;  this  bill  proposes  to  add  five 
more,  and  these  nine  Judges  are  required  to 
perform  all  the  duties  which  at  this  time  are 
required  by  law  to  be  performed  by  the  nine 
Judges  of  the  Circuit  Court,  and  the  feur 
Judges  of  the  Supreme  Court.  At  this 
timo  the  complaint  is  almost  universal  from 
every  part  of  the  state — of  the  crowded  state 
of  the  dockets  of  the  Courts,  and  the  conse¬ 
quent  delay  in  the  administration  of  justice, 
and  the  collection  of  debts.  In  every  Circuit 
they  are  asking  for  more  time  in  which  l© 
hold  their  courts,  and  in  soveral  it  is  admit¬ 
ted  to  be  wholly  impossible  for  any  one 
Judge  to  transact  all  the  business  which  fc» 


2 


now  required  to  be  performed  by  the  accumu¬ 
lated  mass  of  business. 

To  illustrate  this,  I  will  state  the  following 
facts,  which  I  have  learned  by  applying  to 
gentlemen  residing  within  the  several  cu¬ 
bits.  In  the  Chicago  Circuit,  there  are 
upwards  of  2000  cases  undisposed  of. 

In  Judge  Ford’s  Circuit,  about  as  many. 

In  Judge  Lott’s  Circuit,  about  3000.  In 
Judge  Breese's  upwards  of  3000.  And  in 
Judge  Stone’s  and  JudgefSkate’s  Circuits  they 
are  also  considerably  behind  the  dockets,  but 
to  what  extent  1  have  not  ascertained.  I  he 
only  three  circuits  where  the  Juuges  have 
approximated  towards  keeping  up  with  the 

business,  are  the  circuits  of  Judges-HaiUn, 

Treat,  and  Thomas. 

It  will  not  be  contended  by  any  person, 
that  this  vast  accumulation  of  business  m 
our  courts  has  arisen  from  the  incompetency 
or  negligence  of  Circuit  Judges.  W  the 
solution  of  the  difficulty^  to  be  found  in 
the  unprecedented  increase  of  the -popula¬ 
tion  and  commerce  of  our  State.  In  18*>Mhe 
population  of  Illinois  i -vas  An  I 

1840  it  is  within  a  fraction  of  o00,000.— 
The  increase  of  the  commerce  and  trade  ol 
our  state  has  been  greater  than  that  o  oui 
population,  and  it  is  not  wonderful  theiefoie 
that  whilst  business  of  every  other  dcscnp- 
cription  Is  increasing,  that  the  business  of 
our  Courts  should  also  be  enlarged. 

The  Judges  of  the  Circuit  Courts  are  now 
occupied  six  months,  on  an  average,  in  the 
performance  of  circuit  duty— and  if  addi¬ 
tional  time  is  given  them  to  transact  al  the 
business  in  their  courts,  they  must  constant¬ 
ly  be  on  duty  for  eight  months  in  the  year. 
The  Judges  of  the  Supreme  Court  are  now 
required  to  be  at  the  seat  of  Government 
acting  as  the  Supreme  Court  for  three  months 
each  winter.  (For  it  is  to  be  borne  in  mind 
that  we  have  had  a  session  of  the  Legislature 
five  winters  out  of  the  last  six,  and  from  the 
present  embarrassed  condition  of  t  0  -  a  6 

there  is  every  prospect  that  there  will  be  an 
annual  similar  infliction.)  i  hey  aie  also 
engaged  a  month  at  the  summer  term  in  go¬ 
ing  to  and  attending  the  June  tenn  of  the 
Court  This  with  the  time  occupied  by  the 
winter  term  makes  four  months  on  the 
bench,  besides  the  time  employed  in  exam¬ 
ining  cases  and  writing  out  opinions  when 
not  attending  Court.  When  the  great  quan¬ 
tity  of  business  in  the  Circuit  Courts  is  dis¬ 
posed  of,  a  larger  portion  of  the  most  impor¬ 
tant  cases  will  be  thrown  into  the  Supreme 
Court,  and  its  sessions  will  thus  be  prolong¬ 
ed  two  months  more  in  the  yeai.  t  lcic 
fore  the  labors  of  both  courts  are  to  be  thrown 
on  to  one  set  of  Judges,  it  is  impossible  for 


them  to  perform  the  physical  labor  w;  a 
would  be  required  of  them.  And  to  show 
that  I  am  not  without  competent  authority 
on  this  point,  I  will  quote  the  language  of 
Judge  Ralston  and  Pearson  in  their  argu¬ 
ments  on  this  bill  in  the  Senate,  and  who,  it 
is  known,  have  recently  resigned  the  mnces 
of  Circuit  Judges.  Judge  Ralston  remarks. 

“Each  Senotor  in  his  district  has  seen  (and  ie 

had  no  doubt  with  regret)  the 
which  the  law  is  administered.  Our  uoclcet& 
swell  with  the  increase  of  business  at  each  su 
cessive  terra,  and  no  hope  remains  of  us >  ««r 
ing  disposed  of  under  our  present  inefficient  sys 

tem. 

“Suitors  with  their  witnesses  attend  tne  couit 
terra  after  term  to  their  great  inconvenience,  ex¬ 
pense,  and  sometimes  their  entire  min,  but 
the  wheels  of  justice  are  clogged. 

Judge  Pearson  on  the  same  subject  re¬ 
marks 


“Besides,  it  would  be  unwise  and  unjust  to  re¬ 
duce  the  labors  of  the  Supreme  Courts  who  had 
now  but  little  labor  to  perform,  by  tne  ^dm™^ 
•mother  fudge  to  that  bench,  and  at  tne  same 
time  refuse  to  extend  any  aid  to  the  Circuit  Court,, 
the  Judges  of  which  were  found  pliys.cally  incom¬ 
petent  to  perform  the  accumulating  laoors  m  then 
various  circuits,  arising  from  the  increase  of  pop¬ 
ulation  and  the  multiplication  of  tne  commercial 

and  business  transactions  af  the  people. 

And  in  another  part  of  bis  speech  he  says: 
“The  lesser  branches  of  the  system  (Circuit 
Courts)  was  found  unable  without  an  increase 
of  Judges  to  transact  the  business  of  the 
people  of  this  state,  as  required  by  the  Con¬ 
stitution  and  demanded  by  common  justice. 

The  Senator  from  Union  (Mr.  Hackei) 

remarked: 

“He  did  not  think  the  bill  would  answer  the 
purpose.  It  provided  for  the  establishment  of 
nin«  Circuits.  lie  doubted  whether  the  nine 
Supreme  Judges  proposed  by  the  bill  possessed  tl  e 
Physical  ability  'to  perform  all  the  duties  which 
would  be  required  of  them  in  their  circuits. 

When  such  are  the  statements  of  Fan 
Buren  Judges  who  have  presided  in  your 
courts,  and  of  honorable  Van  Buren  sena¬ 
tors,  how  is  it  possible  for  gentlemen  to  per¬ 
suade  themselves  that  nine  men  can  per 
form  the  duties  of  both  courts'? 

It  may  be  said  that  the  circuit  courts  arc 
to  be  relieved  of  much  of  their  business  j) 
the  creation  of  inferior  courts.  If  this  soon 
be  done,  it  still  will  not  relieve  the  Judges. 
The  present  business  remains,  which  is  near 
ly  sufficient  to  keep  six  of  the  Judges  bus- 
during  the  year  without  the  addition  of  an 
new  business.  If  appeals  are  allowed  noi 
these  inferior  courts,  which  are  proposed,  t 
the  circuit  court,  then  all  contested  busmes 
will  be  removed  by  appeal  to  that  court,  an 
if  an  appeal  is  allowed  from  tho  intone 
court  directly  to  the  Supreme  court,  .ho 
the  business  of  that  court  will  be  more  tha 


> 


3 


•/ 


quadrupled.  From  the  laborious  manner  of 
practice,  and  the  necessary  examination  to 
he  made  in  that  court,  the  consequent  delay 
will  be  equivalent  to  a  denial  of  justice. 

Another  objection  is,  that  the  proposed 
change  will  make  the  Supreme  Court  too 
large  and  unwieldy.  The  number  of  Judges 
being  so  large,  will  lead  to  contrariety  of 
opinion,  and  consequent  delay  in  decision. 
Again,  these  Judges,  by  our  constitution,  are 
required  to  act  as  a  Council  of  Revision. 
And  ifit  should  happen,  (as  it  has  once  hap¬ 
pened)  that  there  should  be  a  necessity  for 
the  Legislature  to  be  convened  during  the 
time  appointed  for  holding  the  Circuit  Courts, 
the  Judges  will  be  compelled  to  leave  their 
courts  and  hasten  to  the  seat  of  government, 
to  the  great  loss  of  parties  litigant,  and  to 
the  manifest  denial  of  justice. 

There  is  another  objection  which  would 
be  of  frequent  occurrence.  Our  constitu¬ 
tion  provides  that  every  person  “ought  to  ob¬ 
tain  right  and  justice  freely,  and  without  be¬ 
ing  obliged  to  purchase  it,  completely  and 
without  denial,  promptly  and  without  delay, 
conformably  to  the  laws.”  Our  laws  pro¬ 
vide  that  when  a  person  is  accused  of  mur¬ 
der,  he  may  demand  a  trial,  and  it  shall  be 
the  duty  of  the  Circuit  Judge  to  hold  a  spe¬ 
cial  term,  without  delay,  to  try  the  accused. 
Now,  if  the  duties  of  Circuit  Judge  are  to  be 
performed  by  one  of  the  Judges  of  the  Su¬ 
preme  Court,  it  would  be  impossible  for  that 
Judge  to  leave  the  seat  of  government  during 
the  winter;  and  thus,  an  innocent  man  might, 
and  would  doubtless,  often  be  incarcerated 
in  a  jail  during  the  long  and  gloomy  months 
of  winter,  iu  violation  of  the  laws  of  the  land, 
and  the  just  and  express  provisions  of  the 
constitution  of  our  State. 

It  i9  urged  as  an  argument  against  the 
present  system,  that  there  is,  or  may  be,  a 
want  of  uniformity  of  decision,  as  the  Su¬ 
preme  Court  consists  of  four  Judges,  and  if 
they  should  be  divided,  the  decision  of  the 
Circuit  Judge  would  be  affirmed — and  thus, 
if  two  of  tho  Circuit  Judges  should  decide 
differently,  on  the  same  principle,  both  their 
decisions  might  be  affirmed.  Itisasuffi- 
cient  answer  to  this  objection,  to  state  the 
fact,  that  no  difficulty  or  contrariety  of  de¬ 
cision  on  any  important  question,  has  ever 
occurred  in  more  than  20  years  practice  un¬ 
der  our  present  system,  and  not  a  case  has 
been  named  where  injustice  has  been  done, 
by  this  alledged  defect  in  our  system.  And 
when  the  court  is  divided  in  opinion,  it  is 
right  in  principle  that  tho  judgment  of  the 
Circuit  Court  should  be  affirmed,  as  two  of 
the  Judges  of  the  Supreme  Court  agreeing 
with  the  Circuit  Judge,  make  three  Judges 


to  two;  and  the  case  being  once  decided,  it  be¬ 
comes  the  rule  of  decision  fov  the  Circuit 
Courts,  as  fully  as  if  made  by  the  unanimous 
decision  of  tho  Supreme  Court. 

Mr.  Chairman,  nothing  has  surprised  mo 
more  in  the  argument  of  this  measure,  than 
to  hear  some  of  its  sup’porters  contend  that  it 
will  be  a  saving  of  expense  to  the  State.  Our 
present  Judiciary  system,  including  nine 
circuit  and  four  Supreme  Judges,  costs  $15,- 
000  per  annum.  The  plan  proposed  with 
nine  Supreme  Judges,  will  cost  $13,500 — 
and  this,  it  is  contended,  is  a  saving  to  the 
people — and  tho  gentleman  from  Gallatin, 
(Mr.  McClernand)  has  pronounced  it  to  be 
“a  permanent  gain  to  the  State.”  Does  that 
gentleman  and  his  friends  suppose  that  we 
are  so  ignorant,  as  not  to  know  that  this  bill 
is  to  be  followed  by  another,  which  was 
promised  in  the  Senate, — that  it  was  then 
proclaimed  to  be  but  the  incipient  step  to¬ 
wards  judicial  reform — and  that  another 
puisne  or  puppy  court  is  to  be  created  in 
each  county  in  the  State,  to  be  held  by  a 
County  Judge,  elected  by  this  august  and 
imperial  body,  with,  perhaps,  a  county  com¬ 
missioner  on  each  side  to  aid  him  in  mistifv- 
ing  the  law — that  this  court  is  to  have  juris¬ 
diction  in  all  cases,  to  the  amount  of  $500 — 
and  perhaps  in  criminal  cases — arid  that  it 
is  to  be  paid,  not  out  of  the  State  Treasury, 
for  that  would  be  too  barefaced  an  imposi¬ 
tion,  but  by  fat  fees  to  be  collected  on  a  fee 
bill,  and  by  a  tax  on  writs,  which  is  but 
another  name  for  a  tax  on  justice. 

These  inferior  or  puppy  courts,  it  is  sup¬ 
posed,  will  taRe  away  half  the  business  of  the 
Circuit  Courts,  and  of  course  the  men  who 
do  the  business  must  be  paid  for  it. .  There 
will  be  at  the  close  of  this  session  of  the  Le¬ 
gislature,  ninety-three  counties  in  this  State. 
If  these  County  Judges  get  but  two  hun¬ 
dred  dollars,  on  an  average,  apiece,  (and  that 
is  less  than  they  will  get,  even  in  addition  to 
the  fees  now  received  by  the  Probate  Justi* 
tices,)  it  will  amount  up  to  the  gross  sum  of 
$18,000.  Add  to  this  the  cost  of  your  new 
fanglcd  Supreme  Court,  which  is  $13,500, 
and  you  will  find  that  your  judicial  reform 
will  cost  the  State  $32,100  per  annum,  being 
$17,100  more  than  the  whole  cost  of  the 
present  system.  it  may  be  answered  that 
those  County  Judges  are  not  to  be  paid  out 
of  the  State  Treasury.  But  what  of  that.' 
Are  not  they  and  all  other  officers  of  the 
State  to  be  paid  by  the  people?  And  whnt 
is  tho  difference  to  one  of  our  hard  fisted 
constituents,  whether  ho  pays  five  dollars  n 
year  to  the  collector  of  taxes  for  the  support 
of  these  puppy  Judges,  or  five  dollars  extra 
to  a  constable  ou  a  fee  bill  for  tho  same  p*r- 


4- 


po$e?  It  is  the  people  on  whom  the  cost  falls 
at  last,  turn  it  and  conceal  it  as  you  may; 
and  whilst  you,  and  your  batch  of  new  judi¬ 
cial  officers  are  dancing  to  this  new  fashion¬ 
ed  music,  the  honest  farmers  at  home  will 
have  a  villainous  long  bill  to  pay  for  your 
fiddling. 

But  1  intend  to  show,  to  the  satisfaction  of 
every  unprejudiced  man  in  this  committee, 
that  these  economical  gentlemen  are  not  sin¬ 
cere  in  their  professions  about  endeavoring. 
10  save  the  money  of  the  dear  people.  If 
they  merely  want  the  accumulated  business 
of  tiie  circuits  to  be  transacted,  and  also  want 
the  Judges  of  the  Supreme  Court  to  do  cir¬ 
cuit  duty,  then,  as  they  have  the  entire  pow¬ 
er  here,  why  do  they  not  introduce  a  bill  cre¬ 
ating  four  new  circuits,  and  make  the  Su¬ 
preme  Judges  perform  Circuit  duty  in  them? 
This,  under  our  constitution,  is  entirely 
practicable,  and  it  would  enable  all  the  busi¬ 
ness  of  the  circuits  to  be  done,  whilst  it  would, 
not  add  a  dollar  of  expense  for  Judges.  But 
to  give  a  still  stronger  case;  if  these  gentle¬ 
men  must  save  something,  why  do  they  not 
repeal  out  of  office  four  of  the  Circuit  Judges, 
and  compel  the  four  Supreme  Judges  to  per¬ 
form  circuit  duty  in  their  circuits?  If  the 
Legislature  possesses  the  constitutional  right 
to  repeal  out  of  office  all  the  Circuit  Judges, 
it  certainly  has  the  same  right  to  repeal  out 
of  office  a  part  of  them,  and  by  taking  this 
course,  this  economical ,  penny-saving  Legis¬ 
lature  might  effect  all  the  objects,  most  of 
them  profess  to  have  in  view,  and  save  to  the 
State  the  sum  of  $;4,000  per  annum.  It  is, 
then,  as  dear  as  the  sun  at  noon-day,  that 
this  cry  about  saving  expense  is  altogether 
insincere, — it  is  merely  “a  tub  to  catch 
whales,” — a  lure  thrown  out  to- deceive  the 
people,  whilst  the  advocates  of  the  bill  may 
accomplish  other  objects,  which  some  of  them, 
are  ashamed  to  avow,  but  which  I  will  soon 
proceed  to  expose. 

Another  objection  which  strikes  me  with 
much  force,  against  this  proposed  measure  of 
Judicial  reform — is  the  great  number  of  offi¬ 
cers  it  is  to  create,  who  are  to  be  indepen¬ 
dent  of  the  people;  and  if  this  doctrine  is  car¬ 
ried  out,  who  will  be  dependant  on  the  Le¬ 
gislature.  I  am  met  with  the  statement, 
■however,  that  “this  bill  repeals  out  of  office 
nine  Judges  of  the  Circuit  Court,  wh©  are- 
life  officers,  and  only  creates  five  life  office 
Judges  of  the  Supreme  Court.”  Now,  if  we 
admit  that  the  Legislature  has  the  constitu¬ 
tional  right  of  repealing  out  of  office  the  Cir¬ 
cuit  Judges,  then  it  may  with  much  proprie¬ 
ty  bo  contended  that  those  Judges  are  not  in 
office  for  life,  or  even  during  good  behavior, 
but  they  hold  their  offices  during  the  pleasure 


of  the  Legislature.  These  Supreme  Judges 
will  not  be  in  the  same  position.  Even 
should  the  people  of  the  State,  and  the  Legis¬ 
lature,  hereafter  become  convinced,  (as  1 
doubt  not  they  will)  that  the  election  of  so 
many  Judges  of  the  Supreme  Court  is  un¬ 
wise,  and  impolitic,  yet  they  will  be  preven¬ 
ted  by  the  constitution  from  getting  rid  of 
these  additional  Judges,  except  through  a 
convention.  By  the  provisions  of  this  bill, 
all  the  clerks  of  the  Circuit  Courts  and  Mas¬ 
ters  in  Chancery  are  to  be  repealed  out  of  of¬ 
fice,  and  ninety-three  new  clerks  are  to  bo 
appointed  for  life,  or  during  good  behavior; 
and  ninety  three  Masters  in  Chancery,  who 
are  to  hold  their  office  during  the  pleasure  of 

the  JucLe.  When  the  whole  system  is  car- 
©  , 

ried  out,  the  Probate  Justices  who  have  been 
elected  by  the  people,  are  to  be  deprived  of 
their  offices,  to  make  room  far  a  set  of  hungry 
office-seekers,  who  are  to  be  elected  by  the 
Legislature. 

Heretofore  it  has  been  considered  a  demo- 
cratic  doctrine  to  elect  all  officers  by  the  peo¬ 
ple...  But  since  patent  Locofocoism  has 
usurped  the  place  of  genuine  democracy,  the 
principles  and  maxims  of  the  Democrats  of 
*98,  are  wholly  disregarded, and  contemned 
as  the  antiquated  notions  of  forgotten  enthu¬ 
siasts;  and  new  it  is  much  more  democratic 
to  save  the  people  the  trouble  of  those  elec¬ 
tions,  and  to  give  the.  power  of  appointment 
to  the  members  of  the  Legislature,  ninety- 
nine  one-hundredths  of  whom  are  wholly  ir¬ 
responsible  for  the  power  they  will  thus  be 
exercising,.  When  you  come  in  the  progress 
of  your  judicial  disorganization,  to  electa  Lo- 
eofoco  puppy  Judge  to  lord  it  over  old  Mor¬ 
gan,  who  will  be  responsible  to  the  people  of 
that  county,  if  you  select  a  man  who  may  bo 
despised  by  the  people  for  want  of  capacity, 
audit  may  be,  of  honesty  and  moral  princi¬ 
ple?  The  wishes  of  myself  and  my  col¬ 
leagues,  and  my  constituents,  1  know  will 
not  be  regarded,  and  members  of  the  Legis¬ 
lature  from  Cook,  Gallatin,  St.  Clair,  and 
other  remote  counties,  will  dictate  to  my  con¬ 
stituents  who  shall  adjudicate  on  their  prop¬ 
erty  and  settle  the  estates  of  widows  and 
minors,  and,  they  will  impose  upon  them  an 
officer  for  life,,  whom,  perhaps, .they  would 
not  think  of  selecting  for  any  place- except  a 
place  in. the  State’s  House  at  Alton,  or  if  dis¬ 
posed  tone  lenient,  a  locality  in  Hayti.  This, 
sir,  is  not  democracy,  but  Locofocoism. 

Who,  that  has  heard  these  gentlemen  de¬ 
claim  by  the  hour,  for  the  last  eighteen 
months,  against  life  offices,  would  have  be¬ 
lieved  that  they  would  sustain  such  a  mea¬ 
sure  as  this?  The  gentleman  from  Gallant* 
declared,  that, 


^Our  Supremo  bench  is  monarchical  in  its  fea¬ 
tures.  The  tenure  of  ‘.heir  offices  is  at  variance, 
ami  is  at  war  with  the  genius  of  our  institutions.” 

If  the  gentleman  from  Gallatin  and  his 
political  friends,  really  believo  what  they  say, 
why  is  it  that  we  find  them  supporting  a 
measure  which  proposes  to  create  five  Su¬ 
preme  Judges,  9.3  Circuit  Clerks,  and  93 
County  Judges,  in  all  191  life  offices,  and 
all  at  a  single  sweep. — Sir,  the  course  of 
these  gentlemen  justifies  me  in  stating  that 
there  is  no  honesty  in  these  professions.  The 
objection  is  to  the  incumbents  and  not  to  the 
tenure  of  their  offices.  And  [  verily  believe 
that  if  all  the  present  officers  were  of  the 
true  Locofoco  stamp,  for  aught  that  these 
gentlemen  would  care,  they  might  hold  their 
offices  during  life,  and  after  their  death  the 
salary  of  the  office- be  divided  amongst  their 
children,  if  the  galvanised  corpse  of  the  pa¬ 
rents  could  obey  the  beliests  of  party  dicta¬ 
tion. 

And,  sir,  let  me  ask  where  do  we  find  au¬ 
thority  and  direction  for  this  entire  revolu- 
%> 

tion  in  our  courts  of  justice?  Not  a  single 
petition  has  been  presented  to  this  House  in 
its  favor.  Not  a  solitary  resolution  has  beers 
adopted  by  the  people,  in  their  primary  as¬ 
semblies,  for  such  a  measure  as  this.  It  is 
altogether  new,  unheard  of, and  unexpected. 
It  is  not  the  legitimate  offspring  of  the  sov¬ 
ereign  people,  but  it  is  an  illegitimate  deform¬ 
ed  bantling,  generated  in  the  hut  bed  of  par¬ 
ty  politicians.  It  is  the  business  of  the  Le¬ 
gislature  to  follow,  not  to  lead  public  senti¬ 
ment.  No  important  measure  has  ever  been 
adopted  in  this  State  hitherto,  which  did  not 
seem,  at  least,  to  have  tlie  sanction  of  the  peo¬ 
ple.  Not  a  single  complaint  has  been  heard 
from  any  part  of  the  State,  against  the  Cir¬ 
cuit  Judges.  Not  a  solitary  call  for  the  elec¬ 
tion  of  additional  Judges  of  the  Supreme 
Court  — Not  a  murmur  of  disapprobation, 
because  the  people  have  the  election  of  their 
own  Probate  Justices, — and  yet  we  are  call¬ 
ed  on  to  destroy  some  of  these  courts,  and 
wholly  to  revolutionize  the  others.  Is  there 
not  reason  that  we  should  pause,  until  the 
voice  of  the  people  can  be  heard  in  the  ap¬ 
proval  or  condemnation  of  so  important  a 
step? 

Mr.  Chairman,  it  could  not  be  disguised, 
and  it  is  not  denied,  that  this  measure  is  de¬ 
signed  as  a  direct  attack  upon  the  indepen¬ 
dence  of  the  Supreme  Court.  That  court,  in 
tho  discharge  of  its  official  duty,  has  had  the 
manly  firmness  to  decide  one  or  two  consti¬ 
tutional  questions,  which  had  been  forced  up¬ 
on  it  for  its  decision,  contrary  to  tho  wishes 
of  the  dominant  party  in  this  Legislature. 
For  daring  to  exercise  the  glorious  privi¬ 
lege  of  American  Judges, — that  of  deciding 


according  to  their  conscientious  convictions 
of  right;  and  because  they  would  not  consent 
to  become  the  truckling  and  subservient  tools 
of  the  party  in  power — this  measure  has  been 
introduced,  which  is  intended  to  overrule 
their  decisions,  and  punish  them  for  their 
honesty.  To  get  at  the  Supreme  bench,  it 
became  necessary  to  repeal  the  Circuit 
Courts.  No  member  on  this  floor,  nor  one 
of  our  many  constituents  has  made  the  least 
complaint  before  this  Legislature,  against 
any  one  of  our  Circuit  Judges;  but  their  rights, 
and  the  interests  and  wishes  of  the  people 
who  respect  them,  and  desire  to  retain  them 
in  office,  are  to  be  trampled  under  foot,  and 
they  are  to  be  used  but  as  scaling  ladders, 
on  which  the  forlorn  hope  of  party  malignity 
may  mount,  to  storm  the  citadel  of  judicial 
integrity. 

Mr.  Chairman,  courts  of  justice,  when 
attacked,  cannot  return  the  assault.  When 
assailed  by  party  malice  or  personal  vindic¬ 
tiveness,  their  very  position  prevents  Judges 
from  descending  from  the  dignity  of  their 
station,  to  resent  and  resist  those  unmanly 
attacks,  Instead  of  being  objects  of  attack, 
they  constitute  that  branch  of  our  govern¬ 
ment,  which  most  needs  the  fostering  and 
protecting  eaie  of  the  Legislature,  and  the 
people.  Withdrawn,  as  the  Judges  neces¬ 
sarily  are,  from  the  public  e)e,  by  the  nature 
of  their  avocations,  without  power  to  make 
themselves  feared,  or  patronage  to  attract 
partisans  around  them,  they  are  constantly 
liable  to  be  assailed  by  those  who  have  been 
disappointed  in  personal  views,  by  their  de¬ 
cisions,  as  well  as  by  those, who  seek  for  them¬ 
selves  a  disgraceful  notoriety,  by  attacking 
defenceless  public  officers.  Unfonunate,  in¬ 
deed,  must  be  their  condition,  since  they  have 
innocently  drawn  down  upon  themselves  the 
ban  of  proscription  of  the  party  in  power, 
which  has  shown  itself  so  unscrupulously  ob¬ 
durate  in  meting  out  summary  vengeance  on 
all  who  will  not  piiantly  submit  to  party  dic¬ 
tation. 

Let  it  not  be  said,  that  I  am  not  warranted 
in  making  these  charges,  as  to  the  objects 
and  motives  of  the  supporters  of  this  bill. — 
You,  Mr.  Chairman,  and  every  member  on 
this  floor,  are  well  aware  that  I  am  speaking 
the  words  of  soberness  and  truth.  It  has  been 
distinctly  avowed  m  the  Senate,  by  a  distin¬ 
guished  Van  Buren  Senator,  (Mr.  Hacker) 
and  in  this  House  by  three  gentlemen  who 
claim  to  be  leaders  of  tho  party,  (Mr.  Me- 
Clernand,  Mr.  Wheeler,  and  Mr.  Dodge)  and 
1  wish  the  startling  sentiment  might  be  heard 
by  the  tenant  of  every  log  cabin  in  the  State, 
that  “ this  was  a  party  measure ,  intended  to 
effect  party  purposes The  Senator  from 


6 


Union,  (Mr.  Hacker)  said  that  “he  doubted 
the  expediency  of  the  measure,  and  question¬ 
ed  whether  it  would  work  well,  but  a3  it  was 
a  party  measure,  he  would  go  with  his  party 
in  its  support.”*  The  members  from  Galla¬ 
tin  and  Pike,  (Mr.  McClernand  and  Mr. 
Wheeler)  seem  to  glory  in  it  as  a  party 
measure,  and  have  earnestly  called  upon 
their  friends  to  sustain  it  as  such.  The 
member  from  La  Salle,  (Mr.  Dodge)  says  “it 
is  a  -party  question ,  and  he  thanked  his  God , 
that  his  party  had  originated  it .”  All  these 
gentlemen  on  this  floor  have  denounced  as 
apostates  and  traitors ,  those  few  members  of 
their  party,  who  have  had  the  manly  inde¬ 
pendence  to  think  and  speak  for  themselves 
and  their  constituents,  against  this  bill.  Ev¬ 
ery  opprobrious  epithet  which  could  be  in¬ 
vented,  or  which  could  be  ransacked  from 
the  sluices  of  billingsgate,  has  been  heaped 
upon  them  to  mortify  their  pride,  or  wound 
their  feelings,  as  though  these  dictators 
thought  that  the  Van  Buren  members  of  this 
House  who  were  disposed  to  be  refractory, 
might  be  led  like  unruly  horses,  by  putting  a 
twitch  upon  their  nose, or  treated  like  thieving 
curs,  that  when  caught  out  of  place,  arc 
kicked,  without  ceremony,  back  to  their  ken¬ 
nels. 

But,  sir,  to  return  to  particulars,  for  I  in¬ 
tend  to  examine  each  reason  which  has  been 
given  by  these  gentleman  why  this  bill  should 
be  supported  as  a  party  measure.  And  first 
in  order,  is  the  gentleman  from  Pike.  He 
avows  himself  to  be  a  party  man,  and  goes 
for  carrying  out  party  views.  He  says  a 
majority  of  the  Judges  of  the  Supreme  Court 
are  Whig  Judges,  and  they  have  decided 
some  questions,  and  he  is  afraid  they  will  de¬ 
cide  others  against  the  wishes  and  views  of 
his  party.  He  says  that  he  does  not  see 
how  he  can  carry  out  the  views  and  doctrines 
of  his  party,  except  by  electing  a  new  set  of 
Judges  of  “the  right  stamp.”  And  ho  adds, 
that  “the  State  Bank  is  in  the  field  against 
this  bill, and  he  don’t  wonder  at  it,  for  if  they 
elected  the  new  Judges  of  the  right  stripe , 
and  the  true  grit,  such  as  he  would  go  in  for, 
she  would  have  hut  a  poor  chance ,  indeed ,  be - 

*The  Van  Buren  Senator  from  Edgar,  in  a  letter 
dated  the  26th  January,  1841— and  published  in 
the  Paris  Statesman,  justifying  his  vote  for  the  Ju¬ 
diciary  Bill,  closes  his  letter  as  follows  : 

“Now  it  is  useless  to  say  that  this  is  not  a  par¬ 
ty  measure.  I  believe  it  to  be  a  Democratic  mea¬ 
sure,  and  for  this  reason,  I  have  not  heard  one 
whig,  in  or  out  of  either  House,  with  one  exeep- 
tion,  say  a  word  in  favor  of  the  measure. 

“Illinois  is  a  Democratic  State,  and  ought  not 
to  be  ruled  by  a  Federal  Supreme  Court.  I  con¬ 
tend  that  the  Democratic  party  is  entitled  to  their 
equal  share  of  the  big  Judges,  yes  and  the  little 
ones  too.  N.  W.  NUNN  ALLY.” 


fore  them.”  He  is,  therefore,  against  the 
present  court,  because  he  wants  to  get  at  the 
State  Bank.  But  1  pause  to  ask.  the  gentle¬ 
man  whether  he  can  accomplish  his  aim,  by 
the  election  of  his  five  new  Judges.  Suppose 
they  should  decide  that  the  act  which  creates 
five  additional  State  Directors,  whom  it  is 
proposed  in  this  Legislature  to  force  on  the 
Bank  against  her  consent,  is  constitutional. 
And  even  suppose  they  go  further,  and  over¬ 
rule  the  decision  of  the  present  court,  which 
declares  that  Bank  to  be  constitutional;  does 
not  that  gentleman,  who  is  one  of  the  burn¬ 
ing  lights  of  the  law  in  Pike,  well  know  that 
the  Bank  can  take  an  appeal,  in  such  a  case,, 
to  the  Supreme  Court  of  the  United  States; 
and  it  will  become  necessary  for  that  gen¬ 
tleman,  and  his  political  associates,  to  reor¬ 
ganize  that  Court,  before  they  can  make  ef¬ 
fective,  their  partisan  attacks  upon  vested 
rights. 

The  next  case  in  order,  is  the  gentleman 
from  Gallatin.  He  brings  forward  another 
charge,  and  declares  that  the  Supreme  Court, 
in  the  celebrated  Secretary  case,  of  John  A. 
McClernand,  (the  member  from  Gallatin)  vs. 
A.  P.  Field,  “laid  piratical  hands  upon  the 
constitution  of  the  State,  and  in  violation  ef 
the  letter  and  spirit  of  that  instrument,  deci¬ 
ded  the  Secretary  of  State  to  be  a  life  officer” 
— and  he  has  gone  still  further,  and  pro¬ 
claimed  that  to  be  one  of  the  doctrines  of  the 
Whig  party.  I  confess  I  was  perfectly  as¬ 
tonished  to  hear  that  gentleman  make  such  a 
statement  on  this  floor.  He,  doubtless,  felt 
great  interest  in  that  case,  as  he  happened 
to  be  the  Pseudo  Secretary,  who,  by  the  de¬ 
cision  of  the  court,  didrao^  get  the  office.  But 
the  gentleman  and  his  friends  have  used  a 
garbled  statement  of  that  case  long  enough 
to  demagogue  upon.  He  is  well  aware  that 
the  Supreme  Court  never  decided  the  Secre¬ 
tary  of  State  to  be  a  life  officer,  but  expressly- 
admitted  that  the  tenure  of  the  office  might 
be  limited  by  an  act  of  the  Legislature.  The 
question  before  the  court  was,  whether  the 
Governor  could  remove  at  pleasure  that  offi¬ 
cer,  or  whether  he  was  a  constitutional  offi¬ 
cer,  who,  under  our  State  constitution,  could 
hold  his  office  until  it  was  limited  by  law. 
The  Whigs  held  that  it  was  more  consonant 
with  our  State  constitution,  and  the  princi¬ 
ples  of  our  government,  to  limit  the  office  by 
law,  rather  than  leave  the  tenure  of  the  of¬ 
fice  at  the  discretion  of  the  Governor.  They 
further  have  held  that  every  Governor  should 
have  the  right  to  appoint  his  own  Secretary 
of  State,  and  that  gentlemen  well  knows  that 
on  the  Journals  of  this  House  and  of  the  Sen¬ 
ate,  at  the  last  session,  will  be  found  tho 
names  of  myself  and  of  every  one  of  my 


9 


7 


political  friends  in  both  Houses,  in  favor  of  a 
bill  limiting  the  tenure  of  the  office,  and  au¬ 
thorizing  each  Governor  to  appoint  a  Secre¬ 
tary  of  State.  The  charge,  then,  that  the 
Whigs  are  in  favor  of  making  that  office,  a 
life  officer,  is  wholly  unjust  and  unwarran¬ 
ted.  If,  however,  the  member  from  Galla¬ 
tin  shall  succeed  in  carrying  out  his  purpose 
in  this  bill,  and  in  making  the  Supreme 
Court  a  partisan  tribunal,  and  if  he  should 
again  be  so  fortunate  as  to  get  another  nom¬ 
ination  for  that  office,  ho  need  not  be  at  the 
trouble  of  reading  a  three  hours  speech,  fill¬ 
ed  with  nourishes  and  involutions,  as  he  did 
in  that  case,  before  that  court;  but  the  slight-, 
eat  intimation  from  that  gentleman,  to  the 
newly  fledged  Judges,  would  meet  with  the 
ready  response,  that  the  wishes  of  the  party 
should  bo  tlieir  rule  oj  decision  in  the  case. 
It  is  not  wonderful,  therefore,  if  the  member 
from  Gallatin,  with  his  views  and  feelings 
on  this  subject,  should  feel  indignant  at  the 
Supreme  Judges,  whose  stubborn  convictions 
of  duty  crushed  the  aspirations  of  his  vault¬ 
ing  ambition. 

The  member  from  La  Salle,  (Mr.  Dodge) 
who  has  five  or  six  hundred  alien  voters  in 
his  county,  has  found  great  fault  with  the 
Supreme  Court  in  their  decision  of  the 
“alien  case.”  He  declares  this  to  be  “a  party 
measure,  and  thanks  his  God  that  it  origin¬ 
ated  with  his  party.”  And  he  avows  that 
“one  of  the  very  objects  of  this  measure  is 
to  settle  the  question  that  aliens  have  the 
right  to  vote.”  A  few  days  since,  com¬ 
plaints  were  made  loudly  and  bitterly,  that 
the  court  were  holding  back  their  opinions, 
and  were  afraid  to  decide  this  case.  Now 
the  cry  is  that  they  have  acted  improperly 
and  indecently,  in  deciding  it  during  the  pen¬ 
dency  of  this  bill.  To  withhold  their  opin¬ 
ions,  is  pronounced,  to  be  evidence  of  cowar¬ 
dice  and  want  of  decision, — to  deliver  their 
opinions,  is  said  to  be  a  bold  and  unjustifia¬ 
ble  attempt  to  overawe  the  action  of  this 
House.  Truly,  there  is  no  satisfying  such 
fault-finding  gentlemen — not  to  act,  is  in¬ 
excusable  neglect, — to  act  promptly,  is  an 
unpardonable  sin.  The  truth  is,  Mr.  Chair¬ 
man,  that  your  party  has  used  this  “alien 
case”  for  political  capital  so  long,  that  they 
are  alarmed,  lest  its  decision  should  deprive 
them  of  one  of  their  hobbies.  1  his  is  the 
cause  of  the  unusual  nervousness  of  mem¬ 
bers  on  this  subject.  And  I  am  not  surpri¬ 
sed  that  they  manifest  so  much  anxiety  to 
distort  the  true  state  of  the  case — for  their 
political  stock  in  trade  has  become  so  re¬ 
duced  by  repeated  failures,  that  one  or  two 
more  losses  of  effective  political  hobbies  will 
produce  the  entire  bankruptcy  of  the  party. 


As  so  much  has  been  said  upon  this  sub¬ 
ject,  it  may  not  bo  improper  to  state  the  facts 
of  the  case,  and  the  grounds  of  the  decision 
of  the  court.  By  our  election  laws,  if  a  per¬ 
son  will  take  an  oath,  that  ho  is  a  resident 
of  the  county  where  he  offers  to  vote, — has 
resided  in  the  State  six  months, — and  is 
twenty-one  years  of  age,  it  is  made  the  duty 
of  the  Judges  of  the  election  to  receive  his 
vote.  A  penalty  is  imposed  in  the  same  law 
on  any  Judge  of  the  election,  who  shall 
knowingly  admit  any  person  to  voto  who  is 
not  qualified  according  to  law.  A  suit  was 
brought  to  recover  this  penalty,  against  a 
Judge  of  election  who  had  admitted  an  un¬ 
naturalized  foreigner  to  vote,  who  had  taken 
the  oath  prescribed  in  the  statute.  All  the 
Judges  have  decided,  that  as  the  Judge  of  the 
election  complied  with  the  law  in  permitting 
the  alien  to  vote,  he  cannot  be  punished  un¬ 
der  that  statute,  when,  io  truth,  there  had 
been  no  infraction  ol  the  statute.  There  is 
no  doubt  that  this  decision  is  correct.  The 
gentleman  from  St.  Clair,  (Mr.  Trumbull) 
who  appears  to  be  much  vexed  because  they 
did  not  decide  against  the  aliens,  yet  admits 
the  decision  to  be  strictly  in  accordance  with 
legal  principles. 

But  we  are  told  the  constitutional  question 
was  the  only  one  submitted  by  the  counsel  te 
the  court.  That  matters  not.  If  counsel 
should  wish  the  court  to  decide  a  point  of 
law  which  does  not  proporly  arise  in  the  re¬ 
cord  before  the  court,  it  is  tho  duty  of  the 
court  not  to  decide  it.  It  is  a  principle  of 
decision  with  the  courts  of  the  last  resort, 
not  to  decide  a  point,  which  is  not  necessa¬ 
rily  involved  in  die  issue,  which  may  affect 
the  rights  of  third  parties.  Here  the  right 
ef  a  numerous  class  of  the  people  of  this  &tate 
to  vote,  was  at  stake,  and  if  the  court  had 
decided  upon  their  rights  in  this  case,  they 
would  clearly  have  boen  giving  a  decision 
affecting  their  rights,  when  the  constitu¬ 
tional  question  did  not  properly  arise  in  the 
case. 

The  opinion  of  the  court,  as  I  understand 
it,  decides,  that  under  our  election  laws,  the 
constitutional  right  of  unnaturalized  aliens  to 
vote  cannot  arise,  and  before  that  question 
can  fairly  bo  made,  a  test  oath,  or  explanato¬ 
ry  law  must  be  passed  by  the  Legislature, 
similar  to  the  laws  passed  in  New  York  and 
Ohio,  whose  constitutions  are,  or  were,  like 
ours  in  their  phraseology  in  this  respect.  But 
we  are  told  by  gentlemen,  that  the  court  will 
decide  against  the  aliens,  when  the  constitu¬ 
tional  question  is  properly  brought  before 
them.  Sir,  I  should  have  supposed  that  the 
false  clamors  which  have  been  already  rai¬ 
sed  against  that  tribunal,  would  leach  mem- 


8 


7 


berg  the  absurdity  and  impropriety  of  telling 
any  more  ghost  stories  to  frighten  their  alien 
constituents.  Another  such  false  alarm  will 
convince  them  that  this  exceeding  great  re¬ 
gard  for  their  rights,  is  nought  but  hypocrit¬ 
ical  compassion  to  win  the  votes  of  aliens  to 
their  party. 

But,  sir,  the  member  from  La  Salle,  not 
content  with  villifying  the  Supreme  Court, 
has  denounced  the  Whig  party  in  unmeasu¬ 
red  terms,  and  has  proclaimed  it  to  be  “the 
doctrine  of  the  Whig  party  to  disfranchise, 
aliens.”  This  charge  1  pronounce  false — 
unqualifiedly  false.  In  no  part  ©f  this  State, 
or  of  the  Union,  have  the  Whig  party,  in 
their  conventions  or  primary  assemblies,  or 
by  any  accredited  agent,  proclaimed  that 
aliens  who  have  complied  with  the  laws  of 
the  land,  and  taken  the  oaths  required  by 
the  laws  of  Congress,  shall  be  disfranchised; 
— or  in  other  words,  deprived  of  the  rights 
of  an  American  citizen.  For  this  must  be 
the  meaning  of  the  expression,  if  it  was  in¬ 
tended  to  have  any  meaning.  It  is  true  that 
many  Whigs  and  many  Van  Buren  men  be¬ 
lieve,  that  under  our  State  and  Federal  Con¬ 
stitutions,  no  alien  can  vote  until  he  has  be¬ 
come  naturalized.  All  that  they  ask  is,  that 
foreigners  should  abjure  allegiance  to  the 
Kings  and  potentates  of  the  old  world,  and 
swear  fealtr  to  our  Republican  Government. 
When  they,  have  done  this,  I  know  of  no 
Whig,  and  certainly  there  can  be  none  who 
deserves  the  name,  who  would  then  deprive 
them  of  the  rights  and  franchises  of  an 
American  citizen.  For  my  own  part,  1  have 
entertained  the  opinion,  arid  have  uniformly 
expressed  it,  that  under  our  State  constitu¬ 
tion,  unnaturalized  foreigners  have  the  right 
to  vote.  In  this  opinion,  lam  far  from  be¬ 
ing  alone  amongst  the  lawyers  of  my  party. 
My  friends  from  Green  and  Madison,  (Mr. 
Woodson  and  Mr.  Gillaspie)  besides  many 
others  I  could  name,  coincide  with  me  in 
that  opinion.  Nor  is  this  a  new  doctrine 
with  mo.  In  1834,  long  before  i  was  a  can¬ 
didate  before  the  people,  the  Illinois  State 
Gazette,  a  Jackson  Democratic  paper,  pub¬ 
lished  in  Jacksonville,  and  edited  by  S.  S. 
Brooks,  came  out  against  foreigners,  and  de¬ 
clared  they  had  no  right  to  vote.  1  answer¬ 
ed  the  article  of  the  editor,  and  contended 
that  they  had  that  right,  and  for  so  doing,  1 
first  incurred  that  displeasure  and  censure  of 
the  Van  Buren  editors,  which  has,  since  that 
day,  been  so  liberally  heaped  upon  me.  But, 
sir,  times  are  changed,  and  some  men  have 
changed  with  the  times.  Those  very  men 
who,  six  years  ago  denied  the  right  of  for¬ 
eigners  to  vote,  because  they  would  not  all 
support  Gen.  Jackson,  now  claim  to  be  their 


only  real  friends,  when  they  are  willing  to 
vote  for  Mr.  Van  Buren — and  to-morrow  they 
would  again  be  against  them,  if  they  would 
not  submissively  bow  to  the  dictates  of  party 
leaders  and  party  tyrants. 

Sir,  the  Whigs  of  Morgan  county  have  of¬ 
ten  proved  that  they  wore  not  opposed  to  for¬ 
eigners.  Once  were  they  represented  on 
this  floor  by  a  foreigner.  At  another  time, 
they  ran  another  for  the  same  office,  and  at 
this  time,  two  of  our  county  officers  are 
Whigs,  and  foreigners.  Ever,  sir,  are  we 
ready  to  do  justice  to  that  noble  spirit  of  in¬ 
dependence  which  prompts  the  emigrant  to 
leave  the  abode  ot  his  infancy — the  faces  of 
kind  friends  and  relations,  and  the  homes 
and  graves  of  his  ancestors, — and  to  brave 
the  storms  of  ocean  to  seek  an  asylum  Irom 
oppression,  in  ibis  our  happy  land,  under  the 
broad  canopy  of  our  glorious  institutions. 
Here,  amongst  us,  they  have  opened  their 
farms  and  planted  their  houses,  and  as  their 
offspring  grow  up  around  them,  here  are 
clustered  their  hopes  and  affections.  And 
when  time  shall  have  whitened  their  locks, 
and  furrowed  their  brows,  and  left  nought 
of  the  recollection  of  foreign  climes,  but  an 
abhorrence  of  the  principles  of  their  govern¬ 
ments,  ere  they  step  into  the  grave,  they 
leave  it  os  a  parting  admonition  to  their  chil¬ 
dren,  to  love,  cherish,  and  protect  our  free 
institutions.  But  a  few  generations  have 
passed  away, since  our  forefathers  crossed  the 
foaming  billows  to  seek  this  bright  and  hap¬ 
py  land;  arid  in  a  few  more  generations,  the 
children  of  those  whom  to-day  we  call  for¬ 
eigners,  will  be  esteemed  amongst  the  no¬ 
blest  and  truest  of  the  sons  of  America. 
Such,  sir,  are  our  opinions  about  foreigners. 
And  1  scout  from  our  hearing,  the  false  and 
slanderous  charge  that  we  wish  to  disfran¬ 
chise  aliens. 

Mr.  Chairman: — -A  charge  has  been  made 

l_  ■ 

against  the  Judges  of  the  Supreme  Court, 
which,  if  true,  must,  seriously  affect  their 
standing  as  men,  and  their  integrity  as  Judg¬ 
es.  It  has  been  asserted  on  this  floor,  that 
three  of  the  Judges  had  prepared  an  opinion 
at  the  last  June  term  of  the  court,  against  the 
right  of  aliens  to  vote,  and  at  this  term  had 
delivered  a  different  opinion,  in  order  to  af¬ 
fect  the  action  of  this  House  on  the  impor¬ 
tant  question  before  it.  This  statement  has 
not  only  been  made,  but  a  contradiction  of  it 
challenged.  And  as  it  is  of  so  grave  a  char¬ 
acter  before  commenting,  on  it,  I  call  upon 
the  gentleman  from  Gallatin,  to  know  if  I 
took  down  his  expressions  upon  this  subject 
correctly.  When  the  gentleman  was  speak¬ 
ing,  I  wrote  them  down  thus. 

“I  am  authorized  to  say,  and  I  do  say  on 


my  own  responsibility,  if  any  is  needed  — 
that  tho  Judges  prepared  an  opinion  against 
tho  right  of  foreigners  to  vote  at  tho  last  June 
term,  but  on  account  of  an  objection  made  to 
the  record  bv  counsel,  they  withheld  their 
opinion,  but  did  so  most  reluctantly.”  “Tho 
opinion  has  gone  abroad  that  these  Judges 
have  made  their  decision  at  this  time,  in  or¬ 
der  to  defeat  this  bill,  and  to  prevent  these 
Judges  from  going  on  the  circuit.” 

(Mr.  McCIernand  here  arose  and  said  that 
his  expressions  had  been  taken  down  sub¬ 
stantially  correct, — and  he  took  that  occa¬ 
sion  to  re-assert  what  he  had  before  stated, 
and  he  would  add  that  his  informant,  who  was 
a  gentleman  of  high  character,  had  received 
his  information  from  Judge  Smith,  ono  of 
the  Judges,  and  that  similar  statements  of 
that  Honorable  Judge  could  be  proved  to  have 
been  made,  by  at  least  twenty  persons,  and 
he  challenged  any  contradiction  of  this  state¬ 
ment.) 

Mr.  Fla rd in  resumed — 

Mr.  Chairman, — 'Phis  charge  has  not  on¬ 
ly  been  made  here,  but  has  been  repeated  in 
lobby  meetings,  and  reiterated  in  the  streets. 
It  is,  in  truth,  the  only  tangible  charge 
which  has  been  made  against  the  court,  and 
it  has  been  dwelt  upon  with  every  intona¬ 
tion  of  voice,  and  variation  of  manner, 
which  could  give  it  effect.  If  it  is  trm,  these 
Judges,  so  far  from  deserving  the  support, 
should  receive  for  such  a  truckling  vacilla¬ 
ting  course,  t  ie  unmitigated  contempt  of  ev¬ 
ery  honest  citizen  of  the  State.  But  is  the 
charge  true?  So  startled  was  I,  when  the 
member  from  Gallatin  first  made  the  state¬ 
ment  on  this  floor,  that  I  felt  it  my  impera¬ 
tive  duty,  as  a  member  of  this  House,  to  as¬ 
certain  from  the  highest  authority,  the  truth 
of  tho  assertion.  To  accomplish  this  pur¬ 
pose,  whilst  the  gentleman  from  Gallatin 
was  speaking,  I  addressed  a  note  to  tho 
Judges  of  the  Supreme  Court,  containing  the 
statement  1  have  read;  on  the  next  morning, 

11  received  an  answer  from  tho  Judges,  which, 
with  the  note  addressed  to  them  by  myself, 

I  would  ask  may  be  read  by  the  Clerk,  for 
the  information  of  the  Houso. 

[COPY.] 

House  of  Representatives.  } 
Springfield,  Jan.  26,  1841.  \ 

To  Wm.  fVilson ,  T.  i V.  S.nilh ,  T.  C.  Browne ,  and 
S.  D.  Lockwood ,  Judges  of  the  Supreme  Court 
of  the  State  of  Illinois. 

Mr.  McCIernand,  a  member  of  this  House, 
(who  is  now  speaking,)  has  made  the  following 
statements,  in  substance,  in  his  speech  in  favor  of 
the  bill  to  re-organize  the  Judiciary  of  this  State. 

“I  am  authorised  to  say,  and  I  do  say,  on  my 
own  responsibility,  if  any  such  responsibility  is 
needed,  that  the  Judges  of  the  Supreme  Court, 
prepared  an  opinion  against  the  right  of  foreign¬ 
ers  to  vote  at  the  last  June  term  of  that  Conrt; 


but  on  account  of  an  objection  made  by  counsel  to 
a  mistake  in  the  record,  they  withheld  their  opin¬ 
ions,  but  did  so  most  reluctantly.” 

“The  opinion  has  gone  abroad  that  these  judges 
have  made  the  decision  recently  given  on  the 
subject  of  the  right  offoreigners  to  vote,  in  order 
to  defeat  the  bill  under  consideration,  and  to  pre¬ 
vent  these  judges  from  going  on  the  circuit.” 

This  communication  is  made  to  call  your  atten¬ 
tion  to  the  statements,  and  I  think  it  but  due  to 
yourselves  that  an  answer  should  be  made  to 
these  [statements,]  as  deductions  may  and  will  be 
made  from  silence  which  would  seem  to  imply  an 
aequiesence  in  the  truth  of  these  statements. 

Desiring  to  know  whether  these  allegations  are 
true,  I  trust  an  answer  will  be  <?iven. 

Yours,  JOHN  J.  HARDIN. 

Springfield,  January  26,  1841. 
John  J.  Hardin ,  Esq. 

Dear  Sir: — Your  letter  of  to-day  has  just  been 
received,  and  we  proceed  to  answer  it  without 
hesitation. 

In  doing  so,  we  cannot,  however,  but  express 
our  great  astonishment  at  the  character  of  the 
statement  to  which  you  refer.  You  say  that  Mr. 
McCIernand,  a  member  ol  the  House  of  Represent¬ 
atives,  has  asserted  in  debate,  in  substance,  “I 
am  authorized  to  say,  and  I  do  say,  on  rny  own 
responsibility,  if  any  such  responsibility  is  need¬ 
ed,  that  th e  Judges  of  the  Supreme  Court,  prepar¬ 
ed  an  opinion,  against  the  right  of  Foreigners  to 
vote,  at  the  last  June  term  of  that  court,  but  on 
account  of  an  objection  made  by  counsel,  to  a 
mistake  in  the  record*  they  withheld  their  opinion, 
but  did  so  most  reluctantly.”  “The  opinion  has 
gone  abroad,  that  these  Judges  have  made  their 
decision  recently  delivered  on  the  subject  of  the 
right  of  Foreigners  lo  vote,  in  order  to  defeat  the 
bill  under  consideration,  and  to  prevent  these 
Judges  from  going  on  the  circuit.” — To  this  state¬ 
ment  we  give  the  most,  unqualified  denial  in  all  its 
parts;  neither  member  of  the  Court  ha, ring  ever 
prepared  or  written  any  opinion  against  the  right  of 
Jl liens  to  vote  at  elections. 

In  reference  to  the  mistake  in  the  record,  the 
error  alluded  to  was  discovered  by  one  of  the 
Judges,  and  suggested  to  the  counsel  in  the  cause, 
as  interposing  a  supposed  difficulty  in  coining  to  a 
decision,  which,  with  a  subsequent  motion  made 
by  the  counsel  for  the  plaintiff  in  error  to  dismiss 
the  eause  lor  that  reason,  and  for  the  further  rea¬ 
son,  produced  the  continuance  of  the  cause,  as 
will  be  seen  by  a  copy  of  the  motion  herewith  en¬ 
closed. 

As  to  the  insinuation  that,  the  decision  was 
made  at  this  time  to  defeat  the  Judiciary  bill,  we  re¬ 
ply  that  it  is  in  all  its  parts  equally  unjust ,  and  with¬ 
out.  a  pretence  for  its  justification. 

Having  been  repeatedly  urged  to  come  to  a  de¬ 
cision  of  the  case,  and  having  been,  moreover, 
assured  that  individuals  were  industriously  enga- 
ged  in  circulating  reports  that  the  Judges  had 
opinions  written  against  the  right  of  Aliens  ti> 
vote;  and  that  as  soon  as  the  Judiciary  bill  be¬ 
fore  the  Legislature  was  defeated,  these  opinions 
would  be  delivered.  To  refute  these  groundless 
assertions,  and  to  stop  all  further  miareoresenta- 
tions,  on  this  subject,  we  concluded  to  decide  the 
case  without  further  delay,  having  no  other  means 
of  refuting  these  aspeisions. 

We  have  thus  promptly  complied  with  your  re¬ 
quest,  and  w'e  cannot  close  this  communication 
without  remarking  on  the  great  injustice  done  to 
ourselves,  not  only  by  th?  statements  referred  to, 
but  numerous  other  slanders  which,  in  our  situa¬ 
tion,  we  havo  no  means  of  repelling. 


10 


We  have  tti<£  hen-or  to  ’he  respectfully,  your 
Woedvent  servants,  THEO’S  W.  SMITH, 

SAM’L  D.  LOCKWOOD, 
WM.  WILSON, 
THOMAS  C.  BROWNE. 

There,  sir,  is  a  response  to  the  assertion, 
not  from  one  Judge  alone,  bvu  from  all  the 
Judges,  unequivocally  denying  the  charge. 
The  men,  who  of  ail  others,  ‘should  best  know 
the  truth  of  the  statement,  have  positively 
contradicted  it,  and  the  Honorable  Judge  who 
is  relied  on  as  the  author  of  this  slander,  un¬ 
conditionally  acquits  Ins  brethren  of  the 
bench.  There  is  no  room  for  shuffling  or 
evasion; — -the  denial  is  as  broad  as  the  charge. 
They  say,  “ neither  of  the  Judges  have  ever 
prepared  or  written  am  opinion  against  the 
right  of  aliens  to  vote f  and  they  pronounce 
the  statement  of  the  gentleman  from  Gallatin 
untrue. 

Mr.  Chairman,  the  character  of  the  ma¬ 
jority  of  the  Judges  for  honor  and  truth, 
will  not  be  questioned  by  any.  Non©  will 
accuse  them  of  putting  their  names  to  a  pa¬ 
per  which  is  untrue.  One  of  the  Judges  re¬ 
sides  in  my  county,  and  there,  where  he  is 
best  known,  universal  opinion  admits  Samuel 
D.  Lockwood  to  be  an  honest  and  honorable 
man,  and  a  conscientious,  talented,  and  up¬ 
right  Judge.  Of  other  members  of  the  bench 
1  might  speak  in  the  highest  terms,  but  there 
are  others  on  this  floor  who  have  known  them 
longer  than  myself,  and  who  are  both  ready 
and  willing  to  vouch  for  their  character. 
When  men  like  these,  have  stamped  this 
charge  as  untrue,  I  feel  fully  justified  on 
such  authority,  to  pronounce  it  unequivocally 
false.  And,  now,  having  nailed  this  base 
coin  to  the  counter,  1  leave  it  for  the  gentle¬ 
man  from  Gallatin,  and  his  informants,  to 
settle  among  themselves  the  question  of  ve¬ 
racity.* 

The  member  from  Gallatin,  in  the  course 
of  his  remarks,  said,  that  the  people  have 
been  complaining  against  these  Judges,  from 
Cairo  to  Chicago;  and  in  proof  of  this  asser¬ 
tion,  he  has  read  the  proceedings  of  sundry 
indignation  meetings,  which  were  held  in  se¬ 
veral  counties  of  the  State.  But  does  that 
gentleman  suppose  the  people  do  not  under¬ 
stand  how  those  meetings  were  got  up?  When 
the  Supreme  Court  decided  that  the  member 

*  After  Mr.  Hardin  had  taken  his  seat,  Mr.  Mc- 
Clernand  read  a  letter  from  S.  A.  Douglass,  Esq., 
stating  he  had  given  him  the  information,  and 
justifying  him  in  making  the  assertion  he  did. 
Other  certificates  have  since  been  published  in  the 
State  Register,  on  the  same  subject;  but  as  the 
question  of  veracity  arises,  between  the  persons 
signing  the  certificates  and  Judge  Smith,  which 
does  not  affect  the  remainder  of  the  court,,  no  ex¬ 
pression  is  intended  by  Mr.  Hardin,  to  interfere 
in  that  dispute,  and  to  decide  who  is  in  fault. 


from  Gallatin  could  not  be  Secretary  of  State, 
because  the  office  was  already  legally  filled, 
it  was  determined  by  the  party  leaders  to 
make  political  capital  out  of  tbe  decision, 
and  to  make  it  a  party  question.  An  attack 
was  forthwith  begun  on  the  Supremo  Court, 
as  it  was  known,  that  from  the  very  organi¬ 
zation  of  the  Judiciary,  they  were  entirely 
defenceless,  and  could  not  retort  on  their  as¬ 
sailants.  To  make  the  movement  more  ef¬ 
fectual,  and  to  give  tone  and  colour  to  this 
dastardly  attack,  the  Democratic  Central 
Committee  issued  a  Circular  to  the  party 
leaders,  requesting  them  to  call  meetings  of 
the  people  to  condemn  a  decision  of  the  court, 
which  few,  if  any  of  them,  had  ever  seen. 
By  a  resort  to  such  means  as  these,  and  by 
grossly  misrepresenting  the  decision  of  the 
Court,  the  drill  sergeants  of  the  party  suc¬ 
ceeded,  in  some  counties,  in  getting  enough 
of  the  faithful  together,  to  make  a  Chairman, 
Secretary,  and  committee,  to  pass  a  set  of 
stereotyped  resolutions  against  the  decision 
of  the  court,  which  had  been  furnished  from 
head  quarters,  “ready  cut  and  dried,”  and 
assorted  “in  lots  to  suit  customers.”  This, 
sir,  is  the  sum  and  substance  of  the  evidence 
against  the  Supreme  Court  on  this  subject. 
Yet,  neither  in  the  resolutions  passed  by 
those  meetings,  or  in  any  others,  can  the 
gentleman  find  a  request  from  the  people  to 
destroy  our  Circuit  Courts,  or  to  elect  more 
Judges  to  the  Supreme  bench. 

But  what  the  supportei’3  of  this  bill  have 
failed  to  supply  in  proof  against  the  court, 
they  have  amply  compensated  for,  in  the  way 
of  assertion  and  vituperation.  The  member 
from  Lasalle  calls  them  a  “set  of  Federal 
Whig  Judges.”  The  member  from  St.  Clair, 
proclaims  them  to  be  a  set  of  “drones.”  The 
member  from  Gallatin,  to  outHerod  all  com¬ 
petitors,  denounces  the  court  as  a  “partisan 
tribunal”  and  a  “piratical band,  irresponsi¬ 
ble  >o  the  laws  of  the  land.”  If  these  char¬ 
ges  are  true;  not  one  moment  should  these 
Judges  be  permitted  to  disgrace  the  highest 
judicial  tribunal  of  our  State.  With  utter  ab¬ 
horrence  and  indignation,  should  thoy  be  hurl¬ 
ed  from  office.  If  they  are  ignorant,  neg¬ 
ligent  of  their  duties,  dishonest,  unqualified, 
or  corrupt,  they  should  immediately  be  im¬ 
peached  for  misdemeanor,  or  addressed  out 
of  office.  If  gentlemen  believe  the  state¬ 
ments  which  they  have  themselves  made 
against  the  Judges,  it  is  their  imperative  du¬ 
ty  to  seek  to  remove  them  from  office.  Any 
thing  short  of  this  will  be  temporising  with 
corruption,  and  compounding  with  crime.  If 
they  have  given  credence  to  their  own  state¬ 
ments,  they  have  been  recreant  to  their  duty 
to  their  constituents,  false  to  the  oaths  they 


11 


nave  taken,  and  will  stand  perjured  before 
the  bar  of  the  country,  if  they  do  not  endea¬ 
vor  to  thrust  them  from  office.  But  have  any 
of  these  gentlemen  proposed  such  a  step? 
Have  they  made  any  specific  charges,  or  even 
asked  for  a  committee  of  investigation?  No, 
sir,  far  from  it.  Instead  of  seeking  to  re¬ 
move  them  from  office,  they  are,  by  this  bill, 
endeavoring  to  send  those  corrupt  Judges,  to 
dispense  justice  in  four  of  the  largest  circuits 
of  the  State.  They  are  seeking  to  keep  them 
in  office  during  life,  by  electing  five  thor¬ 
oughly  dyed  Democrats  to  preside  with  them 
on  tho  bench.  Would  they  thus  mix  Feder¬ 
alism  with  Democracy?  Will  the  accession 
of  five  patent  democrats  to  the  bencl),  be  suffi¬ 
cient  to  atone  for,  and  counterbalance  the 
political  and  mor  il  iniquity  of  three  Federal 
Whig  Judges?  Will  this  admixture  of  Fed¬ 
eralism  and  Democracy,  sufficiently  sweeten 
the  draught  to  their  palate?  Would  they  put 
five  honest  Judges  on  the  bench  to  hide  the 
ignorance  and  corruption  of  four  others? 
And  would  a  court,  composed  of  five  honest 
Democrats,  coupled  with  four  ignorant,  cor¬ 
rupt  judicial  pirates ,  be  such  a  tribunal  a3 
should  satisfy  the  people  of  Illinois?  I  de¬ 
mand  an  answer  to  these  questions.  And  I 
pray  these  gentlemen  to  consider,  whether 
the  cloak  of  democracy, which  they  are  about 
to  throw  over  this  monster  of  clay  and  gold , 
will  be  sufficient  to  conceal  its  deformities 
from  the  people?  And  are  they  satisfied  that 
such  a  course  will  maintain  the  oath  which 
they  have  taken?  Sir,  these  questions  can¬ 
not  be  answered.  And  in  view  of  the  course 
which  these  gentlemen  have  pursued,  1  am 
constrained  to  believe  that  these  charges  are 
made  purely  for  political  purposes,  to  cloak 
the  base  attempt  they  are  making  to  consti¬ 
tute  that  court  a  partisan  tribunal,  and  make 
it  subservient  to  the  dictation  of  party  lead¬ 
ers.  ♦  - 

Mr.  Chairman,  I  consider  this  bill,  and  the 
objects  designed  to  be  accomplished  by  it,  as 
a  direct  violation  of  the  spirit  of  our  consti¬ 
tution,  and  a  fatal  blow  aimed  at  the  princi¬ 
ples  of  our  government.  The  constitution 
of  our  State  has  divided  the  powers  of  gov¬ 
ernment  into  three  departments,  “each  con¬ 
fined  to  a  separate  body  of  magistracy.”  The 
sovereignty  of  the  people, — in  so  far  as  tho 
law  making  power  is  concerned,  resides  in 
the  Legislature.  To  execute  tho  laws,  the 
sovereignty  of  the  people  is  vested  in  the 
Governor  and  his  subordinate  executive  offi¬ 
cers.  And  for  the  purpose  of  administering 
those  laws,  and  carrying  justice  to  the  door 
of  every  man,  and  protecting  him  in  his  le¬ 
gal  and  constitutional  rights;  the  sovereignty 
of  the  people  is  as  amply  vested  in  the  judici¬ 


ary,  as  it  is,  or  can  be,  in  either  of  the  other 
more  dazzling  departments.  Each  depart¬ 
ment  is  constituted,  and  should  ever  remain, 
independent  of  the  other.  Each  was  inten¬ 
ded  to  act  as  a  check  upon,  and  not  as  a  ruler 
on  the  others.  It  is  the  duty  of  the  govern¬ 
ment,  and  of  the  people,  to  sustain  each  de¬ 
partment  in  the  discharge  of  its  legitimate 
duties.  When  one  or  two  departments  usurp 
any  of  the  powers;  or  make  an  attack  upon 
tho  independence  of  the  third  department; 
they  destroy  the  checks  and  ballancesof  go¬ 
vernment,  and  violate  the  spirit  of  our  con¬ 
stitution.  The  judiciary,  in  the  exercise  of 
their  undoubted  constitutional  rights,  have 
been  called  upon  to  decide  some  questions  of 
deep  political  interest.  Some  of  the  deci¬ 
sions  which  have  been  given,  and  others 
which  it  is  feared  they  may  give ,  are  oppo¬ 
sed  to  tho  wishes  of  a  majority  of  this  Le¬ 
gislature.  The  avowed  object  of  this  mea¬ 
sure  is,  to  elect  five  Judges  to  overrule  the 
decision  of  the  court  heretofore  given,  and  to 
carry  into  effect  the  will  of  the  Legislature. 
What  is  this  but  a  direct  attack  upon  the  in¬ 
dependence  of  the  Judiciary?  The  decision 
of  constitutional  questions  has  ever  been  con¬ 
sidered,  under  our  government,  as  the  pecu¬ 
liar  province  of  an  independent  unbiassed  ju¬ 
diciary.  That  is  no  longer  to  be  the  case  in 
Illinois;  but  the  will  of  the  Legislature  must 
be  carried  out,  and  members  openly  avow  on 
the  floor  of  this  House,  that  this  is  a  party- 
measure, — that  they  are  party  men,  and  in¬ 
tend  to  carry  out  party  views, — -and  that  in 
the  selection  of  Judges  to  fill  the  offices  crea¬ 
ted  by  this  bill,  “  they  will  look,  first  to  his 
politics ,  and  secondly  to  his  qualifications .” 

When  the  objects  of  this  bill  are  fully 
consummated,  what  will  the  judicial  depart¬ 
ment  of  the  government  be,  but  a  subservi¬ 
ent  truckling  minion,  crouching  at  the  foot¬ 
stool  of  legislative  usurpation?  It  will  be  a 
court  to  register  the  odicts  of  party  proscrip¬ 
tion;  and  not  that  fearless,  independent,  and 
impartial  tribunal,  which  dares- to  do  right, 
even  in  defiance  of  legislative  or  popular 
clamor. 

Sir,  let  me  ask,  upon  what  principle  was 
it,  that  the  immortal  framers  of  our  Federal 
and  State  Constitutions,  made  the  tenure  of 
judicial  office,  during  good,  behavior,  if  it  was 
not,  to  place  that  department  beyond  tho 
reach  of  popular  excitement,  and  legislative 
dictation?  Upon  no  other  principle  than  the 
necessity  of  making  Judges  independent  and 
impartial,  can  the  tenure  of  such  offices  be 
justified  in  a  republican  government.  In  a 
government  like  ours,  tho  independence  of 
the  Judiciary  is  absolutely  indispensable  for 
tho  preservation  of  political  and  private? 


12 


rights.  Where  will  be  the  safeguard  of  in¬ 
dividuals,  if  questions  affecting  directly  their 
property,  liberty,  or  lives,  are  to  be  decided; 
not  bv  the  constitution  and  laws  of  the  land; 
but  by  the  will  and  caprice  of  an  accidental 
majority  in  the  Legislature? 

Suppose,  sir,  this  principle  is  carried  out 
and  an  humble  honest  farmer  has  a  case  in 
court  with  one  of  the  leaders  of  the  dominant 
party,  and  the  presiding  Judge  should  he  one 
of  these  new  Judges  elected  for  his  political 
views  and  services'  Think  you  that  the  hum¬ 
ble  farmer  would  obtain  justice  before  such 
a  Judge  who  dare  not  offend  his  party  leader? 
Suppose  again,  that  some  individual  like  my¬ 
self,  who  could  not  bridle  his  tongue,  or  his 
pen,  when  he  saw  political  or  judicial  cor¬ 
ruption  abroad  in  the  land,  should  be  indict¬ 
ed  for  writing  a  libel  on  one  of  these  newly 

CD  y 

hatched  political  Judges.  Think  you,  that 
when  the  case  was  tried  before  one  of  his 
brethren,  if  truth  and  justice  should  be  on 
my  side,  and  yet  popular  clamor  and  party 
feeling  against  me,  that  1  could  obtain  impar¬ 
tial  justice  before  such  a  tribunal?  No  sir. 
It  would  be. as  preposterous  as  for  a  lamb  to 
appeal  to  the  tender  mercies  of  a  tiger,  or  the 
sympathies  of  a  hyena. 

The  gentleman  from  St.  Clair,  when 
dwelling  upon  the  supposed  truckling  of  the 
court  to  the  Legislature  in  the  alien  case, 
asked  with  much  emphasis,  “will  the  people 
trust  their  liberties  to  a  court  which  is  sub¬ 
servient  to  the  Legislature?”  1  trust,  sir,  nev¬ 
er.  And  J,  in  turn,  will  ask  that  gentleman 
whether  the  people  will,  or  ever  ought  to 
trust  their  property,  liberty,  and  lives,  to  a 
court  which  would  be  subservient  to  so  vin¬ 
dictive  and  proscriptive  a  Legislature  as  this? 
Never  sir.  No  never.  Majorities  should 
rule  in  political  affairs,  kut  minorities  and 
individuals  have  rights,  which  should  ever  be 
held  sacred;  and  amongst  these,  is  the  privi¬ 
lege  of  having  all  questions  affecting  their 
rights,  decided  by  an  impartial  tribunal. 
Carry  out  the  principle  that  the  will  of  the 
majority  shall  be  the  rule  of  decision  in 
courts  of  justice;  and  the  rights  of  citizens, 
and  the  titles  to  property  would  ever  be  in¬ 
secure,  and  subject  to  the  endless  fluctua¬ 
tions  of  party  predominancy. 

In  one  of  the  temples  of  ancient  Trey, 
there  was  a  statue  of  Pallas,  which  tradition 
asserted  was  delivered  into  their  custody  by 
the  presiding  goddess  of  the  city.  It  was 
watched  and  guarded  with  the  most  scrupu¬ 
lous  attention,  for  it  was  believed  that  ss 
long  as  thatstatue  was  preserved  in  the  city, 
so  long  would  the  liberty  of  Troy  be  unin¬ 
terrupted.  Sir,  in  America,  the  judiciary  is 
hN  Palladium  of  our  liberty.  Whilst  the 


courts  of  justice  are  honest  and  independent, 
parties  may  vary,  and  popular  feeling  may 
be  aroused,  yet  will  the  liberty  and  rights  of 
individuals  be  secure.  But  when  the  foun¬ 
tains  of  justice  are  polluted,  -there  is  no  ty¬ 
ranny  so  oppressive  as  that  which  is  wreak¬ 
ed  upon  a  people  through  a  partial  and  cor¬ 
rupt  court.  And  if  there  is  one  curse  above 
ali  others,  from  which  1  wish  myself  and  my 
children  to  ba  exempt,  it  is,  that  they  may 
never  live  in  a  land  where  the  judgment  of 
courts  are  to  be  rendered  according  to  the  par¬ 
ty  principles  or  influence  of  suitors,  instead 
of  the  justice  and  merits  of  the  case. 

Mr.  Chairman:  if  there  is  any  one  thing 
which  will  excite  to  convulsions,  the  Amer¬ 
ican  people,  it  is  the  question  of  the  inde¬ 
pendence  of  the  judiciary.  Every  man  can 
feel,  t hit  if  that  is  attacked,  his  own  rights 
and  liberties  may  he  affected.  The  party 
which  seeks  to  render  courts  subservient  to 
themselves,  are  walking  on  a  mine  which 
may  explode,  when  they  least,  expect  it. 
Some  of  us  can  remember  when  party  excite¬ 
ment  ran  so  high  in  Kentucky,  upon  the 
subject  of  their  judiciary,  that  family  was 
divided  against  family,  father  against  son, 
and  brother  against  brother.  it  may  be  so 
in  Illinois.  And  I  wain  gentlemen  that  they 
are  firing  the  crater  of  a  volcano,  which 
may  shatter  the  firmest  erection  of  the  par¬ 
ty,  and  ovei  whelm  both  builders  and  build¬ 
ing  in  one  common  ruin,  beneath  the  burning 
lava  of  popular  indignation. 

Mr.  Chairman,  I  have  but  little  hope  that 
any  thing  I  may  say,  to  expose  the  impro¬ 
priety  of  the  adoption  of  this  bill,  will  effect 
the  vote  of  any  one  of  the  majority  in  this 
House;  for  this  is  but  one  of  a  series  of  mea¬ 
sures  which  are  on  foot  in  this  Legislature, 
to  create  a  perfect  political  organization 
throughout  the  State,  and  thus  bind  it  irre- 

4  ^  o 

deemabiy,  (if  possible)  to  the  car  of  the  party 
now  in  power.  This  is  the  true  reason  why 
so  much  anxiety  is  manifested  to  pass  this 
■measure,  it  is  the  foundation  on  which  is  to 
be  erected  an  arch  of  inferior  offices,  which 
is  to  uphold  the  falling  fragments  of  Van 
-Burenism.  A  Van  Buren  Senator  declared 
in  the  other  end  of  the  capital,  that  his  party 
had  the  power,  and  they  intended  to  have  all 
.the  offices  in  the  State.  in  their  thirst  for 
“Whig  blood,”  they  have  already  thrust  our. 
of  office  every  Whig  State  officer  of  impor¬ 
tance,  and  when  the  measures  now  before 
tins  Legislature  are  perfected,  ther.  will  no,t 
be  a  single  Whig  in  tho  State,  who  will  hold 
an  office  worth  ten  dollars  a  year,  of  which 
the  Legislature  could  deprive  .him. 

This  bill  proposes  to  turnout  of  office  the 
Circuit  Judges — all  the  Circuit  Court  Clerks 


and  Masters  in  Chancery,  and  it  alone  will 
create  191  new  offices- to  bo  filled.  Another 
bill  proposes  to  elect  93  Judges  of  County 
Courts,  by  the  Legislature.  Another  propo¬ 
ses  to  make  five  additional  Bank  Directors 
on  the  part  of  the  State,  and  to  give  the  whole 
2 1  State  Directors  in  the  Banks,  three  dol¬ 
lars  a  day,  for  each  day  they  may  act. 
Another  bill  which  originated  in  the  Senate, 
that  hot  bed  of  Locofocism — proposes  to  turn 
out  of  office  every  Notary  Public,  and  Pub¬ 
lic  Administrator,  and  have  an  entire  new 
set  appointed  forthwith.  Your  catalogue 
then  stands  thus: 

5  Judges  of  Supreme  Court. 

93  Clerks  of  Circuit  Court. 

93  County  Court  Judges. 

93  Masters  in  Chancery. 

93  Public  Administrators. 

300  Notaries  Public. 

21  Bank  Directors. 


093  Total — new  offices  made  or  to  be ■  rc- 
sil  led  this  winter. 

What  can  be  the  object  of  this  radical 
change  in  officers,  but  to  create  a  set  of  po¬ 
litical  drummers  andftfers ,  who  shall  forma 
nucleus  at  tho  county  seat  of  every  county, 
through  which  party  orders  can  be  given 
and  enforced.  I  must  congratulate  gentle- 
men,  at  the  perfect  system  which  pervades 
their  movements,  and  the  certain  prospect  of 
success  which  a  ppears  to  await  them.  And 
since  nothing  short  of  the  utter  extirpation  of 
everv  Whig  from  State  offices,  will  satisfy 
the  dominant  party,  l  trust,  if  President 
Harrison  should  ‘-follow  in  the  footsteps,” 
and  oust  from  office,  every  babbling  inter¬ 
meddling  government  officer  in  the  State, 
that  he  will  at  least  receive,  for  so  doing,  the 
commendation  of  every  Loco  in  this  Legis¬ 
lature.  Who,  that  will  look  at  these  facts, 
will  not  be  convinced,  that  it  is  not  “Judicial 
Reform"’ that  you  seek,  but  the  preservation 
and  perpetuation  of  political  power. 

But,  sir,  if  this  bill  should  pass,  who  are  tho 
men,  who  arc  to  be  called  to  sit  on  your  Su¬ 
preme  bench.  Perhaps,  sir,  some  one  who, 
clothed  with  tho  powers  of  an  inferior 
judge,  has  doffed  his  judicial  mantle,  and 
oast  it  on  tho  counter  of  some  grocery,  and 
then  mounting  on  a  whiskey  barrel  at  the 
door,  has  acted  the  part  of  the  lowest  politi¬ 
cal  demagogue  in  misrepresenting  the  opinions 

his  opponents,  and  in  appealing, to  sustain 
u  tottering  cause,  to  tho  vilest  and  most  un¬ 
worthy  prejudices  of  the  human  heart.  Per- 
naps, it  may  be  some  ex- Rail  Road  Commis¬ 
sioner,  who  having  drawn  his  §1825  per  an¬ 
num,  besides  what  other  perquisites  the  law 
aiid  his  conscience  would  allow  him, — and 


having  squandered  hundreds  of  thousands  of 
dollars  of  tho  people’s  money,  until  ho  was 
choked  out  of  offico, — is  now  seeking  as  a  re¬ 
ward  for  his  zeal  and  services  in  behalf  of 
the  party,  a  judicial  station  worth  §1500  a 
year. 

We  have  been  told  that  there  were  corrupt 
influences  used  to  retard  the  passage  of  this 
bill.  So  far  as  myself,  or  my  political  friends 
are  concerned,  we  utterly  deny  it.  Let  the 
charge  be  specifically  made,  and  we  will  not  be 
found  shrinking  from  the  most  thorough  inves¬ 
tigation,  and  punishing  with  severity  any  at¬ 
tempt  at  threats  or  bribery.  It  may  not  be  so 
vvit.li  the  friends  of  this  measure.  For  it  is. 
not  t )  be  denied  that  there  is  a  powerful  influ¬ 
ence  urging  forward  this  bill,  which  is  without 
the  bar  of  this  House.  1  mean,  sir,  the  influ¬ 
ence  of  indefatigable  and  selfish  lobby  members. 
Illinois  has  been  doubly  cursed  by  this  influ¬ 
ence.  When  the  State  Bank  charter  was  be¬ 
fore  the  Legislature,  the  lobby  was  crowded 
with  persons,  urging  its  passage  by  every  ar¬ 
gument  the  ingenuity  and  selfishness  of  man 
could  devise,  and  it  was  such  hangers  on  as 
these,  who  then  disgraced  the  legislative  hall 
by  loudly  applauding  the  passage  of  that  bill. 
When  your  nnmmotlr  system  of  Internal  Im¬ 
provements,  which  has  crushed  the  richly  bud¬ 
ding  prospects  of  the  State,  was  before  thp 
Legislature;  this  same  blighting  influence  was 
the  powerful  engine  which  assisted,  if  it  did  not 
effect  the  adoption  of  that  disastrous  scheme. 
Men  with  their  handsome  town  sites,  and  Jv- 
thographed  cities,  were  constantly  represent¬ 
ing  the  necessity  of  making  roads  through  their 
towns  and  cities;  until  many  members  actually 
believed  that  the  selfish  desires  of  speculators 
and  interested  lobby  members,  were  the  wish¬ 
es  of  the  people.  That  same  unhappy  influ¬ 
ence  which  has-  desolated  the  financial  pros¬ 
pects  of  the  State  is  now  busily  at  work  to  sap 
and  undermine  the  judicial  tribunals  of  our 
country.  .Members  of 'the  party  who  are  sus¬ 
pected  of  shewing  a  spirit  of  independence,  are 
waited  upon,  and  watched,  annoyed  and  per¬ 
plexed  by  committees  of  these  vigilant  lobby 
.members.  They  are  told  if  they  vote  against 
the  bill,  they  are  preventing  this  friend  from 
getting  a  judgeship,,  and  that  friend  from  ob¬ 
taining  a  clerkship,  they  are  cajoled  with 
promises,  and  threatened  with  punishment* 
until  members  often  look,  and  I  doubt  not  do 
sometimes  feel,  that  a  seat  in  this  House,  is  a 
seat  of  thorn*. 

Classical  history  tells  us  of  certain  creatures 
which  existed  in  the  earliest  ages  of  anti¬ 
quity,  which  had  the  face  of  a  woman,  the 
wings  of  a  bird,  the  claws  of  a  beast,  and 
the  stomach  of  a  vulture.  They  were  knowrt 
as  the  Harpies.  Wherever  a  sumptswoi*. 


14 


feast  was  spread,  thither  instinctive  gluttony 
directed  their  flight,  and  when  they  had 
devoured  all  the  luxuries  their  capacious  sto¬ 
machs  would  contain, — with  their  fetid  breath, 
their  filthy  claws,  and  their  bestial  habits,  they 
befouled  and  destroyed  the  remainder  of  the 
banquet. 

Sir,  these  lobby  members  are  the  Harpies  of 
Illinois.  The  rich  banquet  which  nature  and 
our  glorious  institutions  had  spread  before  a 
young  and  happy  State,  they  have  wantonly 
seized  upon,  and  having  devoured  all  within 
their  power,  they  have  left  the  refuse  wreck 
of  the  banquet,  so  foul  and  broken,  that  those 
who  helped  to  spread  the  feast,  are  ashamed  of 
the  remnants  that  are  left.  Look  at  them  now, 
as  with  the  smiles  of  syrens,— with  wingsswift 
to  take  flight  when  pursued — claves  greedily 
grasping,  their  illgotten  gains — and  with  huge 
stomachs  distended  with  the  plunder  of  the 
people,  they  are  sitting  on  their  perch  with 
gloating  appetites,  ready  to  gounqe  upon  some 
other  prey.  Sir,  these  lobby  members  and 
party  disciplinarians,  have  been  the  evil  genii 
of  Illinois.  They  are  the  vampyres  which  have 
drained  our  life  blood — cormorants, which  have 
eat  out  our  substance — false  prophets,  who 
have  led  us  astray.  And  now,  like  true  politi¬ 
cal  vultures,  ready  to  prey  upon  the  flesh  of  the 
living,  or  the  carcass  of  the  dead — they  have 
seen  the  diseased  frame,  and  having  eaten  the 
flesh  from  the  half  expiring  carcass;  they  are 
making  a  last  attack  upon  the  vitals,  and  un¬ 
less  the  dormant  energies  of  this  exhausted 
State  are  aroused,  to  beat  off  the  foul  assail¬ 
ants,  she  will  fall  a  prey  to  the  most  despica¬ 
ble  of  plunderers. 

Classic  story  tells  us,  that  Prometheus,  for 
his  crimes,  was  bound  by  Jupitei,  on  Mount 
Caucasus,  and  condemned  to  remain  there  for 
30,000  years,  alive  in  chains,  with  a  vulture 
feeding  on  lvis  vitals.  And  shall  we  now,  act¬ 
ing  under  the  influence  of  .these  Harpies,  bind 
the  State  of  Illinois,  Prometheus-iike,  with 
the  strong  chain  of  the  constitution,  to  the 
rock  of  party  proscription,  and  place  these  in¬ 
satiable  vultures  to  prey,  as  long  as  life  shall 
be  spared  them, upon  the  vitals  of  the  Republic? 

Would,  that  I  had  the  power  to  place  the 
brand  of  public  infamy,  hissing  hot  upon  the 
foreheads  of  these  Harpies,  until  the  mark  of 
the  red  iron  should  be  burned  upon  their  singed 
countenances,  as  indelibly  as  are  the  injuries 
which  their  selfish  machinations  have  inflicted 
upon  our  unfortunate  Qtate. 

We  have  been  told,  Mr.  Chairman,  that 
“this  was  a  par?y  measure,  and  that  it  would 
be  made  a  party  question  for  two  years  to 
come.”  Let  me  assure  gentlemen,  that  as 
such,  we  do  not  fear  it.  Pass  this  bill  with 
your  system  of  inferior  courts; — turn  out  of  of-. 


flee  tbe  Probate  Justices  elected  by  the  people* 
and  put  in  others  elected  by  )rourselves;— re¬ 
peal  out  of  office  every  petty  Whig  officer  in  the 
State,  and  fill  his  place  with  a  servile  partisan; 
— and  then,  sir,  you  will  have  done  more  than 
the  Whigs  could  do  by  forty  thousand  speech¬ 
es,  in  exposing  the  policy  and  principles  of  the 
leaders  of  your  party.  It  is  a  mere  contest  for 
power  and  office  on  your  part,  and  not  an  effort 
to  benefit  the  State.  Look  at  the  facts  which 
have  transpired  since  this  Legislature  conven¬ 
ed-  We  were  called  together  by  the  Gover¬ 
nor,  before  the  usual  time  of  assembling,  be¬ 
cause  tbe  credit  of  the  State  was  endangered, 
and  her  financial  condition  involved  in  over¬ 
whelming  embarrassments.  With  the  excep¬ 
tion  of  one  little  bill  of  a  dozen  lines,  passed 
by  your  party,  authorising  the  hypothecation  of 
$300,000  of  State  Bonds,  to  pay  $90,000, 
what  has  been  done?  Not  one  thing ,  except 
turning  out  some  Whig  officers,  and  putting  in 
some  Locos  of  the  newest  stamp.  We  have 
been  more  than  two  months  in  session,  and  not 
one  solitary  bill  is  before  either  House,  or  has 
even  been  proposed  during  the  session,  by  any 
of  your  party,  to  relieve  the  State  from  the 
embarrassments  into  which  site  has  been 
brought  by  the  reckless  legislation  of  former 
Van  Buren  Legislatures.  The  credit  and  char¬ 
acter  of  the  State  will  be  irretrievably  destroy¬ 
ed,  when  our  sister  States,  and  foreign  Na¬ 
tions,  see  the  party  in  this  Legislature,  which 
is  all  powerful,  engaged,  not  in  trying  to  sus¬ 
tain  her  faith  and  honor — but  in  assailing  the 
Judiciary  in  order  to  make  it  subservient  to 
party  dictation.  And  think  you,  that  you  will 
not  beheld  responsible  for  this? 

Your  leaders  pretend  that  they  want  to  save 
$1500  a  year  by  this  change  in  your  courts, — 
and  yet  you  will  spend  $10,000  in  legislating 
on  the  subject.  And  to  show  how  flimsy  and 
hypocritical  your  pretences  are,  let  me  remind 
you  of  a  few  facts  before  the  House.  The 
Fund  Commissioner,  at  the  commencement  of 
the  session,  informed  the  Legislature,  that  for 
the  purpose  of  defraying  the  expenses  of  the 
transportation  of  Rail  Road  iron,  he  had  hy¬ 
pothecated  with  the  Bank  of  the  United  States 
$ 100,000  of  State  Bonds.  He  has  further  in¬ 
formed  us,  that  about  $22,000  was  dole  on  this 
contract  to  the  U.  S.  Bank,  and  that  if  the 
Bonds  were  not  redeemed  by  the  1st  of  Febru¬ 
ary,  they  would  be  forfeited,  and  would  be  put 
up  and  sold  at  auction  to  the  highest  bidder. 
Myself  and  another  of  my  political  friends, pro¬ 
posed  measures  to  provide  for  these  Bonds,  and 
to  raise  permanent  means  for  their  redemption; 
but  you  unceremoniously  voted  them  down. 
And  now,  no  provision  is  made  for  their  re¬ 
demption,  and  not  one  solitary  measure  is  be¬ 
fore  us  for  that  purpose,  apd  in  three  day* 


i 


15 


more,  -$100,000  of  Illinois  State  Bonds  are  to 
bo  put  up  and  sold  to  t.h«  highest  bidder,  in 
Philadelphia,  to  pay  the  comparatively  paltry 
sum  of  $22,000.  In  this  single  instance,  sir, 
if  you  had  been  attending  to  the  interests  of 
the  State,  instead  of  blindly  and  doggedly  le¬ 
gislating  for  the  interest  of  party,  you  could 
have  saved  to  the  State  a  larger  sum  than  you 
even  pretend  to  do  in  forty  yearn  by  the  paltry 
gain  in  your  proposed  Judicial  Reform. 

When  l  see  the  course  which  has  been  pur¬ 
sued  in  this  Legislature,  so  perfectly  at  war 
with  the  best  interests  of  the  State — when  the 
whole  tendency  of  the  action  of  the  majority ,  is 
to  aim  a  deadly  blow  at  the  faith,  honor,  and 
reputation  of  the  State — it  does  seem  to  rne, 
tis  though  the  demons  of  destruction  and  Loco- 
focoism,  which  have  been  ousted  from  the  sea¬ 
board,  and  driven  with  rapid  flight  from  New 
York,  through  Pennsylvania,  Ohio,  and  Indi¬ 
ana,  had  at  last,  to  our  sorrow,  found  a  resting 
place  in  this  Legislature.  Surely,  sir,  an  hon¬ 
orable  Senator  must  have  been  under  their  in¬ 
fluence,  when  he  pretended  to  quote  from  Iloly 
writ,  the  text,  “Let  us  do  evil  that  good  may 
come  of  it,’'  Yes,  sir,  this  is  the  avowed  max¬ 
im,  under  which  this  measure  is  sustained. 
Let  us  do  evil  to  the  country,  that  good  may 
come  to  the  party.  To  men  who  will  avow 
and  act  on  such  principles,  I  cannot  belter  re¬ 
spond,  than  in  the  words  of  the  text, which  has 
been  so  grossly  misquoted.  St.  Paul,  in  one  of 
bis  epistles,  says,  “And  not  rather,  (as  we  be 
slanderously  reported,  and  as  some  affirm  that 
we  say)  let  us  do  evil  that  good  may  cornel  — 
Whose  damnation  is  just.” 

A  few  years  ago — a  Van  Buren  Legislature, 
to  wreak  their  vengeance  on  a  Whig  Governor 
(Gov.  Duncan,)  wrested  from  the  Executive, 
nearly  all  his  official  patronage,  and  most  wan¬ 
tonly  took  upon  themselves  the  exercise  of  Ex¬ 
ecutive  functions.  Owing  to  the  usurpations 
of  the  Legislature,  the  Executive  Department 
has  but  a  nominal  existence  in  our  State.  That 
same  overbearing  department,  inflated  with  its 
own  importance,  and  conscious  of  its  strength, 
is  now  making  an  unholy  effort  to  prostrate 
the  judicial  department,  and  to  make  it  subser- 
vieut  to  its  will.  It  is  a  maxim  adopted  by  all 
liberal  writers  upon  government,  and  one  which 
has  been  acted  on  universally  m  this  Union, 
“That  where  the  power  of  judging  and  legis¬ 
lating  is  placed  in  the  same  department,  there 
is  vo  liberty.”  If  this  project  succeeds,  ail  the 
power  of  government  will  be  virtually  concen¬ 
trated  in  the  Legislature,  and  the  integrity  and 
independence  of  the  Executive  and  Judicial 
Departments,  will  be  totally  ann  ihilated.  The 
balances  and  checks  of  our  republican  govern¬ 
ment  vvill  be  gone,  and  the  result  will  be,  what 
has  ever  been  the  case  in  all  governments 


where  all  power  is  concentrated  in  the  hands  of 
one  department — misrule,  oppression ,  and 
tyranny.  Tyranny  consists  in  the  abuse  of 
arbitrary  power,  and  it  may  as  readily  be  ex¬ 
ercised  by  an  hundred,  as  by  a  solitary  individ¬ 
ual.  In  no  part  of  the  world  has  tyranny 
shown  itself  in  a  more  distrusting  and  odious 
form,  than  in  the  days  of  ;he  French  revolu¬ 
tion,  when,  by  the  single  vote  of  the  Jacobin 
clubs,  the  blood  of  one  hundred  thousand  of 
the  noblest  and  best  of  the  sons  and  daughters 
of  France  was  shed  on  the  Guillotines  ofParis, 
to  gratify  the  malignity,  avarice,  and  rage,  of 
a  despicable  and  infuriated  populace.  In  this 
Government,  no  true  American  ever  can,  or 
will  consent,  that  any  one  department  shall 
exercise,  or  control  the  appropriate  duties  of 
another.  And  l  now  tell  that  majority  here, 
which  boastful  of  its  power,  is  tyranizing  over 
the  Judiciary,  but  as  a  prelude  to  act  the  ty¬ 
rant  over  the  people;  that  not  only  the  Whigs, 
but  the  people  of  the  State  en  masse  will  arise, 
and  rally  around  the  banner  inscribed  with  the 
motto  of  our  Revolutionary  Fathers, — “ Resis¬ 
tance  to  tyrants  is  obedience  to  God.” 

When,  sir,  reason  and  experience  suggest 
that  such  must  be  the  result  of  the  illiberal  and 
unstatesmanlike  action  of  the  majority  in  this 
Legislature,  gentlemen  may  rest  assured,  that 
as  a  party,  we  do  not  fear  the  effect  of  this 
measure.  Yet,  sir,  we  hate  a  duty  to  perform 
to  our  country,  one  which  is  higher  and  holier 
than  any  personal  or  party  obligation.  It  is  a 
sense  of  the  duty  which  we  owe,  as  men  and 
as  legislators,  to  our  oaths  and  to  our  country, 
which  has  impelled  us  to  oppose  this  violent, 
and  wanton  assault  on  the  most  defenceless  de¬ 
partment  of  government.  The  majority  here 
can  pass  this  bill,  and  if  they  will,  let  them  do 
it.  We,  sir,  have  done  our  duty  in  opposing  it. 
If  they  sow  the  wind,  let  them  not  be  surprised 
if  they  reap  the  whirlwind. 

For  all  natural  diseases,  nature  has  provi¬ 
ded  an  appropriate  remedy  near  at  hand. — 
Wherever  the  pestilential  fever  rages,  there 
will  be  found  the- mineral  or  vegetable  which 
will  give  relief.  And  wherever  the  deadly 
rattlesnake  is  found  to  inflict  its  rapid  poison 
there  beside  it  will  be  found  the  plant  which: 
will  give  the  sufferer  relief.  Thus  it  is,  also, 
in  political  bodies.  When  oppression  is  heav¬ 
iest,  then  is  redemption  nearest  at  hand.  In 
the  days  of  the  Revolution,  when  misfortunes 
were  oppressing  our  fathers  on  every  side,  and 
the  night  of  tyranny  seemed  about  to  settle 
forever  on  our  land,  then  the  battles  of  Tren¬ 
ton  and  Princeton  rolled  back  the  dark  cloud, 
and  the  glowing  sunlight  of  liberty  appeared. 
In  the  days  of  James  II  of  England,  when  the 
oppression  of  that  bigoted  prince  was  moat 
keenly  felt,  and  when  the  court  o'.  Ecclesias- 


16 


tical  Commission,  under  the  management  of 
that  most  odious  of  all  judicial  tyrants,  Judge 
Jeffries,  made  its  iniquitous  judgments  felt. by- 
all,  whether  high  or  low,  who  fell  under  the 
displeasure  of -King  or  minister,  then  it  was 
that  Judicial  integrity  and  independence  was 
nearest;  for  the  People  arose  in  their  majesty 
and  banished  the  narrow  minded  selfish  Janies, 
and  called  William  of  Orange  to  the  throne, 
and  amongst  the  first  acts  of  his  government 
was  the  signing  the  Bill  of  Rights,  which  for¬ 
ever  secured  the  integrity  and  independence 
of  the  Judiciary  of  England,  by  making  them 
independent  of  the  King.  And  here,  when 
legislative  oppression  is  about  to  be  visited  on 
the  State,  the  appropriate  remedy  is  provided. 
It  is  in  the  Convention  Resolution ,  which  has 
been  adopted . 

Sir,  if  the  Qmeen  of  England,  or  the  King  of 
the  French,  were  to  attempt  to  effect  the  sub¬ 
serviency  of  the  Judiciary  as  you  are  now  do¬ 
ing,  we  should  hear  re-enacted  the  regicide 
scenes  of  Charles  1  and  Louis  XVI, or  the  Revo¬ 
lutionary  acts  of  the  deposition  of  James  II  of 
England,  and  Charles  X  of  France.  These 
potentates  dare  not,  at  the  peril  of  their  lives 
and  thrones,  attempt  to  degrade  and  destroy 
the  independence  of  the  Judiciary.  Happily 
for  ns,  the  spirit  and  formation  of  our  govern¬ 
ment  do  not  require  the  blood  of  Kings  or  the 
dethronement  of  Princes  to  enable  us  to  effect 
a  Revolution  in  the  policy  and  managers  of  our 
Government.  All  can  be  done  by  the  peacea¬ 
ble  means  of  a  Convention.  If  gentlemen  are 
sincere  in  what  they  say,  and  only  want  to  get 
at  the  State  Bank?  then  let  them  go  with  us 
for  a  Convention,  and  I  will  join  them  in  throw¬ 
ing  open  the  door  for  competition,  and  thus  do 
away' with  an  odious  monopoly.  Do  they  want 
tooiveeach  Governor  the  power  to  appoint  his 
own'  Secretary  of  State?  If  so,  I  will  join  them, 
in  that.  Do  they  wish  to  turn  the  present 
judges  out  of  office]  then  I  will  join  him  so  far 
as  to  make  them  all  stand  their  chance  with  all 
other  citizens,  in  obtaining  an  office  under  the 
new  constitution. 

^  Hat  the  course  which  has  been  pursued  con¬ 


vinces  me,  that  the  reasons  which  have  been 
given  for  these  various  measures,  are  insincere 
and  hypocritical  pretences.  Under  the  pre¬ 
tence  of  Judicial  reform,  you  are  seeking  to  de¬ 
stroy  the  independence  of  the  Judiciary.  Un¬ 
der  the  excuse  of  economy,  you  are  taking  a 
few  dollars  from  the  Whig  officers  and  giving 
with  a  lavish  and  liberal  hand  to  your  own 
partisans.  Under  the  pretence  of  making  the 
State  Bank  do  its  duty  to  the  public,  in  viola¬ 
tion  of  the  obvious  intention  of  the  suspension 
act  of  the  last  Legislature,  and  without  a  day’s 
notice,  you  have  compelled  that  Bank,  by  a  par¬ 
ty  trick,  to  resume  specie  payments,  which  has 
already  compelled  it  to  withdraw  from  circula¬ 
tion  half  a  million  ofits  notes,  to  the  great  in¬ 
convenience  of  its  debtors,  and  to  the  mani¬ 
fest  injury  of  the  public. 

A  sense  of  duty  to  my  constituents,  who 
look  to  me  as  a  fearless  asserter  of  their  rights, 
has  thus  compelled  me,  it  may  be  with  no  gentle 
hand,  and  utterly  regardless  of  consequences,  to 
tear  aside  the  gaudy  and  arrogant  veil  which 
conceals  the  true  motives  and  objects  of  your 
party  in  the  support  of  this  measure.  Denu¬ 
ded,  asvour  designs  now  are,  of  the  silvery 
veil  and  gaudy  trappings  in  which  you  had 
cloaked  them,  I  leave  it  for  a  just  and  impar¬ 
tial  people  to  pass  in  judgment  on  your  mo¬ 
tives,  conduct,  and  principles. 

But,  sir,  you  have  the  power— go  on  and 
pass  this  bill  if  yon  will,  and  trample  in  the 
dust,  the  spirit  of  our  constitution,  and  the 
principles  of  our  government.  Yet  remember, 
that  the  Con  mention  resolution  you  have  pass¬ 
ed,  which  now  appears  but  as  a  weak  taper, 
will  grow,  expand  and  magnify,  until  it  shall 
become  a  torch,  a  blaze,  a  burning  mountain, 
which  will  wholly  consume  your  false  and  arro¬ 
gant  pretences.  And  from  the  ashes  of  the 
constitution  you  have  destroyed,  shall  arise. 
Phoenix-like,  another  and  more  glorious  instru¬ 
ment,  which  iu  all  time  to  come,  shall  be  a  bul¬ 
wark  for  the  protection  ol  the  rights  of  the  va¬ 
rious  departments  of  government,  and  the  im¬ 
pregnable  citadel  of  individual  liberty. 


[NOTE. _ A  Bill  establishing  county  courts,  to  have  jurisdiction  in  all  cases  to  $£00,  the  judges  of 

which  were  tube  elected  by  the  Legislature,  and  repealing  out,  of  office  the  Probate  Justices,  subse¬ 
quently  passed  the  Senate,  but  was  defeated  in  the  House.] 


